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(영문) 부산고등법원 2020.05.14 2019나53283
묘토인농지등 소유권확인
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The reasoning for this part of the judgment of the court is as stated in the pertinent part of the reasoning of the judgment of the court of first instance (2-4 pages 10 to 2).

Article 420 of the Civil Procedure Act (main sentence of Article 420 of the Civil Procedure Act).

A. The gist of the Plaintiff’s assertion is that the Plaintiff, as a producer of a grave, sought the cancellation of the ownership transfer registration of shares in the name of the Defendants on the said land, on the premise that the land No. 4 constitutes a gold forest. However, this court, unlike its land category, asserted that the land No. 4 constitutes a dry field, which is in fact integrated with the land No. 3, and thus constitutes a seed field, which is a grave land, and thus, withdrawn the assertion of gold forest in the first instance trial. The Plaintiff succeeded to the land No. 5 from the deceasedF alone.

Nevertheless, the Defendants refused the Plaintiff’s sole succession, and completed the registration of transfer of ownership based on inheritance with respect to shares of 1/5 of each of the lands of this case. Since each of the above transfer of ownership is null and void, the Defendants are obligated to implement the procedure for cancellation of each transfer of ownership to the Plaintiff who succeeded to each of the lands of this case

B. Determination 1) Article 1008-3 of the Civil Act provides that a person presiding over a grave shall succeed to the ownership of the forest land within 1 information pertaining to the grave, farmland of not more than 600 square meters, and the land of a tombstone and a ductal land of not more than 600 square meters. The above provision is a mandatory provision established for the purpose of preserving the tradition of ancestor worship and ductal worship, preventing the dispersion of the property for use, and clarifying the legal relationship as to the succession to the property for use (see, e.g., Supreme Court en banc Decision 2007Da27670, Nov. 20, 208). The term “reinal farmland” refers to the farmland appropriated for the grave management and removal expenses with its profits, and merely because a grave is installed on the land.

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