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(영문) 서울중앙지방법원 2019.05.28 2017가단5232016
소유권확인
Text

1. We dismiss the conjunctive claim and the conjunctive claim for confirmation of ownership among the lawsuits in this case.

2. The plaintiff.

Reasons

1. Basic facts

A. On December 16, 1970, Donggdong-gun C forest land 11,107 square meters (hereinafter “one land before the division”) and D forest land 8,529 square meters (hereinafter “two land before the division”) are completed in accordance with the Act on Special Measures for the Registration, etc. of Forest Ownership.

B. The Plaintiff, as a result of the death of B, succeeded to 2/9 shares in the land 1, 2, before the division on March 2, 1975, and thereafter, on November 15, 1993, the registration of transfer of ownership in the name of the Plaintiff was completed with respect to the entire land 1, 2, and 1/9 shares in the name of the Plaintiff on the ground of inheritance due to the consultation and division as of August 20, 1985, as to the property inheritance due to the F’s 2/9 shares and G, H, I, and J’s 1/9 shares due to the donation as of November 6, 1993.

C. On July 4, 2011, one piece of land before the subdivision was divided into KRW 10,931 square meters of K Forest in Gangwon-gun, Gangwon-do, and KRW 10,161 square meters of land in Gangwon-do (hereinafter “instant one”) and KRW 770 square meters of land in K, and the said K forest was divided into KRW 770 square meters of land around July 11, 201.

Around July 4, 2011, the two land before subdivision was converted into a forest of 8,841 square meters in Gangwon-do, Gangwon-do. Around July 8, 2011, the said land was divided into a forest of 2,411 square meters and a forest of 6,430 square meters in Gangwon-do, Gangwon-do (hereinafter “instant three land”). The said M forest was the said land of 2,411 square meters before M (hereinafter “instant two land”). The land category was changed on July 11, 201 and the said land category was changed (hereinafter “instant two land”).

E. The Plaintiff filed a lawsuit against O, etc. on the instant claim for the removal of buildings, transfer of land, etc. on the instant land 1, 2, and 770 square meters in K prior to the Gangwon District Court 2012Gadan4926, and the Plaintiff filed a lawsuit on May 23, 2014, the lower court recognized the presumption of registration as to the registration of preservation of ownership in the network B’s name on the land 1, 2, and 2, as it is difficult to view that the registration of preservation of ownership in the network B’s name was made by lawful procedures prescribed in the Act on Special Measures for the Registration, etc. of Transfer of Forest Ownership.

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