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(영문) 서울중앙지방법원 2016.09.21 2014가단216377

소유권이전등기

Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

1) According to the land survey project implemented under the schedule of the instant circumstances, “Yyang-gun J. 3,213” (from the following to the “instant assessment land”).

)은 ‘경성부(京城府) 북부(北部) K’을 주소지로 하는 ‘L’(다음부터 ‘이 사건 사정명의인’이라 한다

)이 사정받았다. 2) 이 사건 사정 토지는 1961. 3. 20. ‘양주군 J 답 3,213평’으로 종전과 동일하게 지적복구되었는데, 복구된 토지대장의 소유자란에 ‘사정’을 원인으로 하여 ‘경성부(京城府) 북부(北部) K’을 주소지로 하는 ‘L’이 소유자로 기재되었다.

3) On April 1, 1980, the land cadastre of the instant situation stated that “Yanju-gun” was changed to “Yyang-gun,” and on April 24, 1991, the parcel number was cancelled. On the other hand, on the land cadastre of the instant situation, the land cadastre of the instant case, the number of which was 1 to 6, respectively, was added to the fluor number M, and the total area was 2,976 square meters, and the land cadastre does not coincide with the area of the instant land, and the land cadastre does not clearly state the same purport on the land cadastre. On December 30, 1976, the land cadastre was newly registered as “Nyang-gun, Yangyang-gun, 677 square meters” on the land cadastre, and the ownership preservation column was changed to the owner on July 18, 198.

On September 2, 2009, “O ditch 2,180 square meters” was subdivided from the above land, and on September 17, 2013, the instant land stated in the purport of the claim was subdivided.

2. On October 17, 1985, registration of ownership transfer was made in the name of the defendant on the instant land, and registration of ownership transfer was made in the name of the Korea Land and Housing Corporation on the ground of gratuitous reversion on January 2, 2014.