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(영문) 서울고등법원 2017.01.25 2016나2035046

소유권이전등기

Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's claim against the defendant-appellant is dismissed.

3. The plaintiff.

Reasons

1. Basic facts

A. According to the land survey document drawn up during the Japanese occupation period of the land situation, the net C is written as follows: (a) on April 5, 1914, the Gyeonggi-gun D, Gyeonggi-do, 624 square meters and E large 568 square meters (hereinafter “pre-division land”).

B. The deceased of the deceased C and the inheritance-related net C died on September 21, 1917, and F, the South-North Korea, died on December 28, 1950, and F, ultimately, succeeded to F’s property solely by G, a F’s wife, and the said G transferred the land before the instant partition. As to the land before the instant partition, G’s heir prepared a will on November 15, 2009 and died on January 2, 2015.

C. Of the previous land before subdivision, the size of 624 square meters was converted into 2,063 square meters on January 15, 1982, among the land before subdivision. On November 18, 2013, the said land was partitioned and divided into H-6 square meters and 190 square meters, respectively. From among the remaining land on May 21, 2014, 867 square meters was divided into J. 61 square meters, and 69 square meters was divided into Y, and the remaining 869 square meters was divided into D. 2) among the land before subdivisions, the land at 568 square meters was converted into 1,87 square meters on January 15, 1982, and the remaining land was divided into 304 square meters on November 18, 2013, and only the remaining land was divided into 305 square meters on May 24, 2014.

The ownership registration was completed on July 19, 1968 in the land before subdivision. On August 13, 1979, the ownership registration was completed in the name of Nonparty O, P, Q, R, S, and T on the ground of inheritance on August 13, 1979. After January 30, 1985, the shares of the above co-owners were transferred to the O on the ground of sale as of January 25, 1985. 2) on the land before subdivision to the Defendant on September 26, 2008.