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(영문) 의정부지방법원 2018.10.18 2018가단105422

소유권이전등기말소 등

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. In the Land Survey Book prepared during the Japanese Occupation Period, the land research division was registered as the 852 square meters (hereinafter “E”) prior to the partition of the instant land, which was located in the Gyeonggi-gun, Yangju-gun, the sports group prior to the partition of the instant land.

B. The cadastral record on the mother’s land of this case was destroyed due to a disaster of June 25, 1958, and was partitioned on December 10, 1958, and C before C, 369 square meters (in December 30, 1997, hereinafter “the land before the instant subdivision”) and F 483 square meters (hereinafter “the land before the instant subdivision”).

C. Before the instant partition, ① the land was completed on April 30, 1960, the registration of ownership preservation (hereinafter “registration of ownership preservation”) was divided into the instant land and G on December 23, 1997, and the ownership transfer registration of the instant land was completed in the future of Defendant B on November 28, 201.

However, prior to the instant partition, the distribution farmland register for the land (1) is written by the distribution farmers’ “H” and “IJ”. The repayment register for the land of this case is written by “K” and “H” as the distributors of “452 square meters” and “400 square meters.

E. Meanwhile, the Plaintiff’s additional “L” and the mother’s “M” are written in the family relations register, and L’s multiple copies are written as parents with “N”, “O”, and “E”, respectively.

[Ground of Recognition] Unsatisfy, Gap evidence 1, 2, and 4 (including virtual number)

2. Determination as to the cause of action

A. On June 1950, Defendant 1 Republic of Korea forfeited the instant land for a fee from the prop, and distributed it for a fee to H, a small farmer, and H acquired ownership in full with repayment grain.

Nevertheless, the defendant Republic of Korea determined that the land of this case is without ownership owner and completed the preservation registration of this case, and completed the registration of transfer of ownership in the defendant B.

On the other hand, H was deceased in 1908 when 5 years of age from 1908, and the mother's O re-explos into QC.