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(영문) 서울중앙지방법원 2015.02.13 2013가합558156

소유권보존등기말소등기 절차이행 청구 등

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1. The plaintiff's action against the defendant is dismissed.

2. Defendant Gyeonggi-do shall provide the Plaintiff with B.

Reasons

1. Basic facts

A. On October 1, 1913, the land research division drafted during the Japanese occupation period was registered as the land research division that “E” residing in the Gyeonggi-gun, Yangyang-gun, the Namyang-gun, the sports of which was divided on October 1, 1913 (hereinafter “instant assessment land”).

B. The instant assessment land was destroyed as of March 20, 1961 when the cadastral record was destroyed as of March 20, 1961, and was divided into 233 square meters in G field, 168 square meters in H field, and 633 square meters in I field (2,093 square meters), the owner of each divided land was registered as G in case of land E, H land in case of land E, and land J and I in case of land.

C. The land prior to the annexation was divided from G land on February 23, 1983, and the registration of ownership transfer was completed in the name of Defendant Republic of Korea on March 2, 1983, and was merged into L land on June 9, 1993.

Meanwhile, on the other hand, on December 10, 1980, the ownership preservation registration was completed in the name of the Defendant Gyeonggi-do (hereinafter “instant ownership preservation”). On October 24, 1984, it became part of B school site B as indicated in paragraph (2) of this Article (hereinafter “B land before annexation”) was combined with the land of another five parcels on October 24, 1984, and became part of B school site B as indicated in paragraph (2) of this Article (hereinafter “B land after annexation”).

On November 6, 1984, the registration of ownership transfer as described in paragraph (2) of this Article (hereinafter “second ownership transfer registration”) was completed in the name of Defendant Gyeonggi-do on November 6, 1984 with respect to land B after the annexation. Among them, the part of land I before the annexation is the part of land 2,093 square meters in the ship as stated in paragraph (2) of this Article (hereinafter “the part of land I before the annexation”).

E. On March 29, 1936, the Plaintiff’s well-known net M (M; hereinafter “the deceased”) resided in the “Nuri-gun of Gyeonggi Yang-gun,” and died on March 29, 193, and the O, the president of the deceased, solely inherited the property.

The O died on March 20, 194, and the P solely inherited the property, and P died on November 1, 1953, Qua, a woman’s father, succeeded to the property solely.

Q has died on October 25, 1992 and has been female.