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(영문) 춘천지방법원속초지원 2016.11.22 2015가단301801
소유권말소등기
Text

1. The Defendant indicated in the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12, among the 49,837 square meters of Gangwon-gun B forest land in Gangwon-gun, Gangwon-do.

Reasons

1. Facts of recognition;

A. On October 21, 1976, the registration of preservation of ownership was completed in the name of the defendant on October 21, 1976, the forest land of Gangwon-gun C (Seoul-gun C forest land of Gangwon-gun, Gangwon-gun, hereinafter “B forest land prior to the instant merger”), which was combined with B forest land of d, E, F, G, H, and I on July 18, 198.

B. Since November 11, 2004, the area was divided into J 4,527 square meters of land and K 104,316 square meters of land in J Dowon-gun B forest in Gangwon-gun, Gangwon-do on November 11, 2004 (hereinafter “instant land”) and became 49,837 square meters of land in J 4,527 square meters of land.

C. Of the instant land, the land prior to the instant annexation is the land size of 6,852 square meters in sequence with each point of indication 1, 2, 3, 4, 5, 6, 7, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 1 of the attached drawings.

On the other hand, the land prior to the merger of this case was assessed against the plaintiff's Cho Jong-soo during the Japanese occupation period.

E. L died on July 18, 1951 and succeeded to the sole inheritance of Ma, the male head of Australia, and M on July 4, 1990, the period for which life or death was unknown expired on September 25, 1955 in the Chuncheon District Court’s territorial branch on July 4, 1990.

The N et al., who was the birth of M, jointly succeeded to M on the ground that it is ‘the adjudication of disappearance', but N also received the adjudication of disappearance on July 4, 1990 and eventually N's children, including the plaintiff, jointly succeeded to N.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 8 (including branch numbers; hereinafter the same shall apply), appraiser's appraisal result, the purport of the whole pleadings

2. Determination

A. 1) Determination as to the cause of the claim is that a person registered in the Land Survey Book as an owner is presumed to have become final and conclusive, unless there is any counter-proof such as the change of the situation by the adjudication, etc., the person who was registered in the Land Survey Book shall be presumed to have been the owner of the land. The presumption of registration of preservation of ownership shall be broken if it is found that a person other than the title holder was found to have received the situation of the relevant land (see, e.g., Supreme Court Decision 2007Da79718, Dec. 24,

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