Plaintiff (Attorney Lee Ho-soo et al., Counsel for the plaintiff-appellant)

Chuncheon and one other (Attorney Kim Jong-sik, Counsel for the plaintiff-appellant)

June 5, 2008

1. The plaintiff's claims against the defendants are all dismissed.

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

Defendant 1, Defendant 1, Defendant 2, and Defendant 2, notify each Plaintiff of the claims listed in [Attachment List No. 1] to the deposit officials of Chuncheon District Court, and that each Plaintiff was assigned the claims listed in [Attachment List No. 2].

1. Basic facts

(a) Entry of 163 forest land and public announcement of incorporation into reserved forest before the cadastral restoration;

Article 95 of the Gangwon-do Public Notice (Public Notice of Incorporation as Reserved Forest) of the Gangwon-do Department of the Cheongcheon-gun General of Shipbuilding under Article 1 of the former Samcheon-gun (Ordinance No. 10, Jun. 20, 191) stated that the owner of Chuncheon-gun, 163 forest land 1, 2, and 5 forest land 163 forest land 163 forest land 163 forest land 163 forest land 163 (hereinafter “forest land 163 forest land before the land restoration”) shall be stated as “non-party 12” in the “○○-ri, ○○-ri, Macheon-gun, Macheon-gun.”

(b) The location of the forest land 170 forest land and mountain land 171 forest land that are additionally restored, and its land register and change of rights; and

(1) The official cadastral record on the land located in Ycheon-si, Ycheon-si, Yancheon-si, including mountain land 163, prior to the cadastral restoration was destroyed due to the incident of 6/25, and was restored on April 23, 1967. The official cadastral record on the land located in Ycheon-do, including mountain land 163, was restored on April 23, 1967. As a result of the error in the process of cadastral restoration, the entire or part of the official cadastral record on the land located in Ycheon-si, Ycheon-si, Ycheon-si, 163, 9, 12,09, 170, 170, 12,09, 170, 170, 170, 170, 171, 3,244, 171, 24 (hereinafter “san-171”).

(2) In light of the contents of the cadastral restoration of the mountain land No. 170 and mountain land No. 171, the process of cadastral alteration, the content of the legal relationship on the public account book, and the relationship between the forest land and mountain land No. 163 before cadastral restoration, the following are

(1) Contents, etc. of cadastral restoration of mountain land 170.

On April 23, 1967, the owner had not been able to recover the mountain land 170, which was cadastrally restored. This was due to the fact that there was a registration for the restoration of ownership transfer registration (the date of receipt, receipt number, and the date of the registration) on June 30, 1954 on June 30, 195 with respect to the 170 forest land and 170 forest land which was cadastrally restored prior to the cadastral restoration (hereinafter “170 forest and 170 forest before the cadastral restoration”), but the identity of both land could not be confirmed because there was a big difference between the forest and 170 forest before the cadastral restoration and 170 forest land which were cadastrally restored.

After that, on May 27, 2003, 170 forest land was divided into 170-1 forest land and 1,563 square meters (hereinafter “san 170-1 forest land”) in Yancheon-si, Yacheon-si, Yacheon-do (hereinafter “Yacheon-2 forest”) and 170-1 forest land and 1,563 square meters in Do. The Korea Land Corporation, on August 9, 2006, accepted mountainous 170-1 forest land under the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor. On October 23, 2006, the Korea Land Corporation completed the registration of transfer of ownership by subrogation for the preservation of the right to request the transfer registration of ownership due to land expropriation on October 23, 2006. In addition, the registration of correction is completed on the same day, and the registration of division is completed on the same day.

(2) Contents, etc. of cadastral restoration of forest land within mountain 171.

On July 15, 1967, with respect to the forest land of Busan 171, which was cadastrally restored on April 23, 1967, it was registered as the owner in the old forest register on July 15, 1967, and on this basis, on November 2, 1976, registration of preservation of ownership in the name of Chuncheon City was made.

After that, on October 21, 1981, 171 forest land was converted into registration with a 708-1 orchard 32,364 square meters in Yacheon-si, Yacheon-si, and at the same time, 1,573 square meters in 708-1 orchard, 708-2 orchard 1,08-3 and 708-3 square meters in ri-3 and 9,323 square meters in ri-708-4 and 3,026 square meters in ri-4 and 708-4 square meters in ri-20, 708-5 square meters in ri-5, 708-6 and 912 square meters in ri-60, 708-1 and 708-1 square meters in ri-70, 708-1, 708-2, and 708-1, 707.

(3) The location of forests and fields 170 in mountain, mountain 171, and mountain 163 in mountain before cadastral restoration.

The part 170-1 forest land divided in mountain 170-1 (attached Form 1; 15, 14, 11, 10, 17, 18, 19, and 15, which are linked in sequence with each point of 163 forest land before cadastral restoration. The forest land in mountain 171 is identical with the part 5, 18, 19, 20, 3, 4, and 5 of the attached Form 2 among the orchard 708-4, which are connected in sequence with each point of 442 square meters in the part 442 square meters in the ship (hereinafter referred to as the "part 15, 14, 11, 10, 17, 18, 19, 19, 17, 19, 15 of the attached Table 1). The area overlaps with the part 18, 222, 20, 20, 20, 19, 18.

(d) Expropriation of part of forest land in mountain 170 and forest land in mountain 171 and compensation therefor;

(1) As seen earlier, the Korea Land Corporation admitted 170-1 forest land divided into 170-1 forest land and 708-4 orchard, 708-6 orchard, and 708-7 orchard divided into 171 forest land. As to the forest land in mountain 170-1 forest land, the Korea Land Corporation deposited 61,13,300 won as compensation for public works and 70-1 under Article 40 (2) 2 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects because it did not register the above real estate as at August 8, 2006 and it stated that the owner is not known, and the land owner is 60,000 won as compensation for public works and 70-5,000 won as compensation for public works and 70-5,000 won as compensation for public works under Article 40 (2) 2 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.

(2) Meanwhile, as a result of the appeal (Seoul High Court 2005Na27586) and the final appeal (Supreme Court 2006Da56114), the winning of the case in Chuncheon District Court 2002Gahap502 became final and conclusive.

E. The relationship between the plaintiff and the non-party 12 recorded in the public notice of incorporation into reserved forests

(1) The Plaintiff’s father is Nonparty 13 and Nonparty 13 are siblingsed with Nonparty 14. The father of Nonparty 13 and Nonparty 14 are written as Nonparty 12 in the family register, and the family register is written as Nonparty 15 in the family register.

In addition, the above non-party 12's permanent domicile, non-party 14's place of birth and permanent domicile, and the Plaintiff's place of birth and permanent domicile are both Chuncheon-si (Sacheon-si), ○○○ Ri (number omitted).

(2) On the other hand, in the Plaintiff’s lurgical lurgical lurgical lurgical lurgical lurgical lurgical lurgical lurgical lurgical lurgical lurgical lurgal,

[Ground of recognition] In the absence of dispute, entry of Gap evidence 1 through 9, Eul evidence 1 through 3, 6, 8, Eul evidence 1 (including each number), a significant fact in this court, and there is no dispute

2. Assertion and determination

A. The parties' assertion

(1) The plaintiff's assertion

The plaintiff asserts that the plaintiff owned the plaintiff who solely inherited the property of the non-party 12 as part of the 163 forest land before cadastral recovery. The plaintiff asserted that the Korea Land Corporation accepted the above land and deposited the compensation in the 708-4 orchard, 708-6 orchard, 708-6 orchard, 708-7 orchard, and 708-1 forest land in the name of the defendant 2. As the Korea Land Corporation accepted the above land and deposited the compensation in the 1708-4 orchard, 708-6 orchard, 708-7 orchard, 708-1 forest land in the 170-1 forest area before cadastral recovery, the defendant 2 has the duty to transfer the deposit money in the 708-4 forest area, 708-4 water supply area, 708-6 water supply area, 708-6 water supply area, 708-6 water supply area and 708-71 forest area, 301, 708-1 forest area and forest area.

(2) The defendants' assertion

The defendants asserted that the non-party 12, who is indicated in the notice of incorporation into a reserved forest, is not the plaintiff's assistance division, but the plaintiff's assistance division is non-party 15, and even if the non-party 12, who is indicated in the notice of incorporation into a reserved forest, is the plaintiff's assistance division, the defendant Cheongcheon-si has acquired by prescription the part of the decision-making

B. Determination as to the claim against the defendant Chuncheon (related to the scope of

(1) Determination as to the cause of claim

First, in light of the relationship between the plaintiff and the non-party 12 stated in the notice of incorporation into a reserved forest, the relationship between the plaintiff and the non-party 13 and the plaintiff, the entry in the family register for the non-party 13 and the father of the non-party 14, the permanent domicile and place of birth of the plaintiff, and the address of the non-party 12 stated in the notice of incorporation into a reserved forest, etc., notwithstanding the statement of the family register, the non-party 12 and the plaintiff, the father of the non-party 13 and the non-party 12, who are the father of the plaintiff, can be recognized as the same person, who are the non-party 12 and the non-party 12, the plaintiff's father, who

Then, since it is proved that the title holder of the registration of initial ownership is not the original acquisitor with respect to the estimated records of registration of initial ownership before expropriation,

However, since the Korea Land Corporation has already accepted and deposited compensation with respect to the scope of the Act, (1) the Plaintiff, the heir of the non-party 12, should transfer the right to claim the payment of compensation against the non-party 12, to the Plaintiff (the heir of the non-party 12), unless there is any assertion or proof as above. (4) The Korea Land Corporation stated the deposited person as “Sacheon City or Defendant 2,” on the ground that there is a preliminary registration following the lawsuit filed by the defendant 2, the nominal owner of the registration in

(2) Determination on the prescriptive acquisition defense

However, if the purport of each statement in Eul's evidence Nos. 4, 5, and 7 (including virtual numbers) is added to the whole purport of oral proceedings, the defendant Cheongcheon-si shall be deemed to belong to the non-party 1 for a loan from January 1, 1971 to December 31, 1972, and the non-party 1 for a loan from December 1, 1975 to November 30, 1980 and let the non-party 1 cultivate the above land as an orchard, etc., the defendant 1 for a loan from the non-party 2 to the non-party 3, 3,4,5, and 708-6 to the non-party 1 for a public performance, and the non-party 1 for a loan from the non-party 6,7,708-6 to the non-party 1 for at least 9,000.

C. Determination as to the claim against Defendant 2 (related to Industrial 170-1)

The Plaintiff’s claim against Defendant 2 is premised on the premise that Defendant 2 is the owner of the right to deposit the forest in mountain 170-1. The above fact alone is insufficient to acknowledge that Defendant 2 was the owner of the forest in mountain 170-1 before expropriation. Moreover, there is no evidence to acknowledge this otherwise (as the Korea Land Corporation expropriates the forest in mountain 170-1, the area of the registration of the forest in mountain 170 before cadastral restoration is corrected on the register after correcting the area of the forest in mountain 170 before cadastral restoration and the area of the land in mountain 170 before cadastral restoration, and the area of the forest in mountain 170 before cadastral restoration, and the area of the forest in mountain 170 after dividing the forest in mountain 170 and mountain 170-1 after dividing it, and there is no evidence to view that the remaining area of the forest in mountain 170 before cadastral restoration is the owner of the forest in mountain 170-1, which is the owner of the forest in mountain 170-170 after the cadastral deposit.

3. Conclusion

Thus, the plaintiff's claim against the defendants is dismissed as it is without merit.

【Credit List and Drawings Omitted】

Judge Lee Lee Jae-soo