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(영문) 대전지방법원 2017.09.20 2016가단227592
소유권보존등기말소 청구
Text

1. On January 30, 1974, the Defendant received on January 30, 1974 from the Daejeon District Court Daejeon District Court.

Reasons

1. Basic facts

A. The statement of the place of incorporation into a reserved forest attached to the protocol of incorporation into a reserved forest, which was completed on December 25, 1932, stated “D residing in Daejeon-gun C” as the owner of the Daejeon-gun B forest (hereinafter “the instant forest”).

B. The name of Daejeon-gun E and Daejeon-gu Fdong was changed in sequence.

C. On January 30, 1974, the registration of preservation of ownership (hereinafter “registration of preservation of ownership”) was completed on the forest land before the instant partition.

Before the instant partition, the forest area was corrected from 2,182 square meters to 1,886 square meters on July 11, 2016, and was divided into 644 square meters of G forest land, 234 square meters of H forest land, 1,008 square meters of I forest land, and 234 square meters of H forest land were converted into 234 square meters of forest land.

(hereinafter referred to as “each of the instant lands”) D.

The "L", the legal domicile of which is the Daejeon Seo-gu K was born on July 25, 1979, and died on July 25, 1979, and the plaintiff is a child of the deceased L, one of co-inheritors.

[Reasons for Recognition] Facts without dispute, Gap's statements in Gap's 1 to 4, 7, and 8 (including branch numbers, if any) and the purport of the whole pleadings

2. Determination as to the cause of action

A. When a protocol to include in a reserved forest is prepared, an owner is required to be examined and entered, which is believed to have followed the entry in the current registry or the forest register, and if an individual entered in the “public notice to include in the reserved forest” in the forest identified as a state-owned forest, it is presumed that such entry has the capacity to presume that the individual is the owner.

B. (See, e.g., Supreme Court Decision 93Da57841, Feb. 25, 1994).

As seen earlier, in light of the following, the owner D and the Plaintiff’s attached L on the detailed statement on the incorporation of the forest into a reserved forest before the instant partition are identical to the address and the Chinese characters, and there is no data to see that there was a net L and Dong name in Daejeon-gun C at the time of 1932, the foregoing protocol of incorporation into a reserved forest was filed by D and the Plaintiff, the owner of the above protocol of incorporation into a reserved forest.

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