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(영문) 수원지방법원여주지원 2017.11.15 2016가합6117
소유권확인
Text

1. 3/5 of the 25,998 square meters of D forest land in Innju-si is owned by Plaintiff A, and 2/5, respectively.

Reasons

1. Basic facts

A. The plaintiffs are in a clan relationship, and the defendant is a clan that jointly sets up the EC 56 years old descendants F (hereinafter "the defendant clan").

B. Around 1918, G, which is the part of the Plaintiffs’ capital increase, was assessed in its name as the name of 2598 square meters of D forest land 2598 square meters (hereinafter “instant forest”).

After that, the forest land of this case was inherited before the transfer and the registration of ownership transfer was completed in the name of the plaintiff A (3/7 shares), H (2/7 shares), and the plaintiff B (2/7 shares) as of February 7, 1981, which was received on February 7, 1981.

C. Of the forest land of this case, the transfer registration of ownership was completed on February 8, 2006 on the part of H 2/7 due to a compulsory auction on February 6, 2006. On May 22, 2006, the transfer registration of ownership was completed on the ground of the sale by compulsory auction on February 8, 2006, and on May 23, 2006, the Plaintiff (Plaintiff A5 shares, Plaintiff B-5 shares, Plaintiff B-5 shares) was completed on May 23, 2006 on May 182, 2006.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1-3, 11, Eul evidence No. 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s forest land in this case is land owned by the Plaintiffs, the ownership transfer registration of which was completed in the future, through inheritance and partition of co-owned property under the circumstances of G, which is the part of the Plaintiffs.

B. The forest land of this case is the ownership of the defendant clan, and the defendant clan was entrusted to G, a member of the defendant clan in around 1918, and therefore, it is not owned by the plaintiffs.

3. Determination

A. Where any real estate has been registered, it shall be presumed that it has been duly made in the cause and procedure unless there exist any special circumstances (see, e.g., Supreme Court Decision 2001Da72029, Feb. 5, 2002). Meanwhile, a person who was registered in the Land Investigation Division or the Forest Investigation Division as the owner is presumed to have been the owner of the land and the circumstance becomes final and conclusive, unless there is any counter-proof, such as the change in the content of the situation by the adjudication

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