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(영문) 수원지방법원 2017.09.19 2017가단515134

소유권말소등기

Text

1. On July 25, 201, the Defendant deposited as Pyeongtaek-si Heading District Court No. 135 in Geumwon-gu, 201, a gold-si Q20 square meters.

Reasons

1. Basic facts

A. On January 6, 1919, the 5th E-R 5th E-M, the Gyeonggi Authenticity, had acquired ownership under the circumstances of T-S, residing in the Gyeonggi Authenticity-gun S.

The above land was subject to registration conversion in Qu-gun 127 square meters, and was organized into Pyeongtaek-si Qu-si 420 square meters due to the change of administrative jurisdiction on June 20, 197 and the change of administrative jurisdiction on May 10, 1995 (hereinafter “instant land”).

B. Since then, the instant land was unregistered, but the Defendant, while implementing the housing site development project, expropriated the instant land through a ruling of expropriation on June 3, 201 in accordance with the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor, and completed registration of ownership preservation by the Suwon District Court No. 24976, Apr. 8, 201.

C. On July 24, 201, the time of the above expropriation, the Defendant deposited the order stating that the deposited person was “the inmate’s unknown” on the ground that the land of this case was unregistered and the legitimate owner cannot be identified, pursuant to Article 40(2)1 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor, at the same time, pursuant to Article 40(2)1 of the same Act.

【Uncontentious facts, Gap’s statements, Gap’s evidence Nos. 1, 2, 3, 4, 11, Eul’s evidence Nos. 1 and 2 (including branch numbers; hereinafter the same shall apply), and the purport of the whole pleadings

2. The following facts are acknowledged in light of the above evidence, Gap evidence, evidence Nos. 5, 6, 7, 8, 9, and 10, the fact inquiry reply to the office of Pyeongtaek-si and the purport of the whole pleadings.

The plaintiffs W, the fleet of the plaintiffs, resided in Z, on August 8, 1960, died and succeeded to the non-party A, the plaintiff A, the plaintiff B, the plaintiff C, the non-party AB, and the non-party AC. The non-party A died on March 13, 1995 and succeeded to the Dong on the plaintiff D, the plaintiff E, the plaintiff F, the non-party AD, the non-party AD, and the non-party AE. The non-party AC died on April 11, 1979 and died on the plaintiff G, the non-party AF, the plaintiff H, and the non-party H.