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(영문) 광주지방법원 2017.04.07 2016나54526
소유권말소등기
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

In the closed register on the forest land of this case, the J stated that it transferred the ownership of the forest land of this case to E on July 5, 1925 and to D on August 10, 1945.

On March 20, 1961, the Defendant completed the registration of ownership transfer of the forest of this case under his name on September 25, 1945, pursuant to the former Property Management Act (amended by Act No. 521, Dec. 18, 1959; hereinafter the same).

The “D” recorded in the closed register on the instant forest land is the name of creative name in the name of Japan by the deceased A (hereinafter referred to as the “the deceased”).

On the other hand, the deceased died on June 20, 2016, and accordingly, the plaintiffs, co-inheritors, taken over the litigation procedure of this case against the first instance.

[Ground of recognition] The Plaintiffs’ assertion as to the Plaintiffs’ assertion of facts without dispute, Gap’s evidence Nos. 1 and 2 (including additional numbers), and the purport of the entire pleadings was asserted by the Plaintiffs. The forest of this case owned by C around 1950 and succeeded to it by the deceased alone.

However, although the Defendant’s “E” recorded in the closed register on the instant forest is the name of K’s creative name, which is a citizen of the Republic of Korea, the said “E” is erroneous as Japan, and thus, the instant forest land is treated as reverted property under the Military Administration Act and the Act on the Disposal of Property Belonging to the State, thereby completing the registration of transfer of ownership, such as the entries in the purport of the claim, the said registration of transfer of ownership shall be cancelled as the cause of invalidation

Judgment

The above facts are as follows, which are acknowledged by Gap evidence No. 3, and the purport of the entire pleadings, i.e., ① a certified copy (Evidence No. 3) of K's ASEAN as "M"; while the name of K entered as "N" in the closed register of the forest land of this case, the name of E is different from one entered as "N"; ② A J to the closed register of the forest of this case.

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