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(영문) 서울중앙지방법원 2016.08.19 2015가단5397230
소유권확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The public records, such as the forestry register, etc. concerning the 3,074 square meters of the forest land D in Gangseo-si in the base fact-finding city (hereinafter “instant land”), were destroyed. The Gu forest register, which was restored around September 9, 1968 (hereinafter “the forest register of this case”) entered the Plaintiffs’ prior owner E (hereinafter “the deceased”).

[Ground of recognition] Facts without dispute, Gap evidence 2-1 and 2, the purport of the whole pleadings

2. Determination as to the assertion on the cause of claim

A. The Plaintiff’s assertion that the land of this case was purchased from F as of July 27, 1947 by the deceased and acquired the ownership of the land from F as of July 27, 1947. However, since around that time, the deceased and the Plaintiffs collected the child birth of the ancestor on the instant land and managed it until now, the prescriptive acquisition has been completed since they occupied it in peace and public performance with the intention of ownership for not less than 20 years. The deceased’s heir owned one-third of the instant land, and the deceased’s heir agreed on the division of inherited property, and thus, the Plaintiffs sought confirmation of ownership against the Defendant

B. (1) Determination (1) The Cadastral Act, its Enforcement Decree, and the subsequent amendments thereto, which were enforced from December 1, 1950, do not otherwise provide for the restoration of the destroyed cadastral record. Article 10 of the Enforcement Decree of the same Act based on Article 13, and the competent authority for restoring the cadastral record, shall register the restoration of the matters indicated in the land based on the data deemed to be consistent with the cadastral record as at the time of the destruction, and Article 6 of the Addenda provides that the matters concerning the owner shall not be restored unless it is based on the real estate register or final judgment, while Article 6 of the Addenda provides that the matters concerning the indication of land in the cadastral record as at the time of the enforcement of this Decree shall not be restored and the owner shall not be restored (including where the competent authority has arbitrarily indicated the owner).

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