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(영문) 대구지방법원 2017.09.07 2017가단108186
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 20, 1911, the fact that the 3,652 square meters of the Daegu-gu Special Metropolitan City C forest land (hereinafter “forest land before division”) was under the name of the State, and the registration of preservation of ownership was made to the Defendant Republic of Korea on June 24, 1966.

B. Around June 15, 1970, the forest land of this case was divided into 1,894 square meters (hereinafter “the forest of this case”), D, and E in the forest land of this case, Daegu-gu, Dong-gu, Daegu-gu (hereinafter “instant forest”) prior to the said division. The number of the forest land was changed from C to F.

[Ground] Facts without dispute, entry of evidence Nos. 2 and 3

2. The gist of the Plaintiff’s assertion was that the Plaintiff acquired the ownership of the forest land located in the forest land (H in the Gyeongsan-gun in the administrative district, in the case of overland) before the division by the Ordinance of the Ministry of Land, Infrastructure and Transport (the Ordinance of the Ministry of Land, Infrastructure and Transport) on September 16, 1929 while using the forest land from December 15, 192 (the 1929) as fire 4 years (the Ordinance of the Ministry of Land, Infrastructure and Transport).

The network G occupied and managed forest land in peace and openly with the intention to own the forest before division from this point of time.

The net G died on 31 May 11 (1937) and succeeded to the possession and management of G in relation to forest land before division by the head of South and North Korea and the family heir.

The network I died on December 21, 1994, and the plaintiff, South Korea, succeeded to I's possession and management of the forest of this case.

The plaintiff succeeded to the possession of the forest land of this case and possessed it over 23 years. Since the acquisition by possession for at least 20 years was completed as of December 31, 2016, the defendant shall register the ownership transfer to the plaintiff.

3. First of all, we examine whether the possession of the instant forest was based on the intention of ownership.

원고의 할아버지라고 하는 G에 대한 양여문서(갑1호증)를 보면 「G, 소화 2년(1927년) 12월 15일 부원 경상북도 경산군 H 특별연고삼림양여의 건 詮議(전의)シ難(난)シ 소화 4년(1929년) 9월 16일 J」라고 기재되어 있다.

그 기재내용 중 “~ 詮議(전의)シ難(난)シ”는 해석상 '밝히어 명백히 하기 위하여 사리를...

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