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(영문) 서울중앙지방법원 2014.11.27 2014나25411

소유권보존등기말소 등

Text

The real estate in the attached Tables 3 through 6 among the part against the defendant's Republic of Korea of the judgment of the first instance.

Reasons

1. At the same time, the Plaintiffs filed a lawsuit against the Defendant Gyeonggi-do seeking cancellation of registration of preservation of ownership of real estate in the attached list 1 through 6 real estate in the attached list, and at the same time filed a lawsuit against the Defendant Gyeonggi-do seeking return of unjust enrichment due to possession of the real estate in the attached list 2 through 8, and the court of first instance rendered a judgment that accepted the Plaintiffs’ claim on August 21, 2013

Accordingly, with respect to the part against the Defendant’s claim regarding the attached list 2 through 6, the Defendant Gyeonggi-do appealed all the part against which it lost (the above 2 to 8 real estate). The court of the trial prior to the remand dismissed the Plaintiffs’ claim by citing all the Defendants’ appeal, but the Plaintiffs appealed. The Supreme Court, which was the final appeal, reversed and remanded all the judgment of the first instance prior to the remand.

Therefore, the part concerning the real estate in the attached list 1 against the defendant Republic of Korea among the lawsuit in this case is confirmed as the defendant Republic of Korea did not appeal, and only the part concerning the real estate in the attached list 2 through 6 against the defendant Republic of Korea and the claim in the attached list 2 through 8 against the defendant Gyeonggi-do shall be subject to the judgment of the court

2. Facts of recognition;

A. The land research division of Gyeonggi-gun-gun D, which was conducted under the Land Survey Order in the Japanese Occupation Period, is written by the Plaintiffs’ Republic of Korea F, who had a domicile in the Southern-gun E, G, and H, 3,417 (hereinafter “the real estate before the instant division”) as the owners of the said G at 228 and H, and 3,417 (hereinafter “the real estate before the instant division”).

B. On December 30, 1958, Gyeonggi-do 228, G was divided into 173 and 55 degrees before J on December 30, 1958. Following the conversion of the area, and the change of the name of the administrative district, the 173 level Before the above I became the 1st real estate listed in the attached Table (hereinafter “instant 1 real estate”).

C. The 18th, 55th, and L preceding 411th, all of the H was divided into real estate divided from the 3,417th, all of which were H.