변호사 안현희 법률사무소변호사 안현희 법률사무소
Chuncheon District Court, Gangneung Branch · 2021 · First instance

Adverse possession and cancellation claims over state land rejected

Heirs claimed adverse possession of state-registered forest land and cancellation of its registration; representing the State, we had all claims dismissed or rejected as inadmissible.

How the case unfolded

Background

The opposing parties claimed that their predecessor had occupied the forest land for more than 20 years after being listed as owner in the land ledger, and sued for transfer of title by adverse possession over land registered in the State's name. Alternatively, they sought cancellation of the State's registration, including on behalf of the original registered assignee. We represented the State.

Issues and ruling

The court found insufficient evidence of 20 years of possession by the opposing parties and found instead that the State had exclusively managed the land since its registration. The cancellation claim failed because they did not prove any right to demand cancellation, and the claim brought on another's behalf was inadmissible because the right it was meant to protect was not established.

Outcome

The main claim and the first alternative claim were dismissed, the second alternative claim was rejected as inadmissible, and the opposing parties were ordered to bear the litigation costs.

This is the outcome of an individual case and does not guarantee the same result in similar matters. Some facts have been generalized to protect the parties involved.

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