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(영문) 서울중앙지방법원 2017.10.19 2017나36160

소유권보존등기말소청구등

Text

1. Revocation of the first instance judgment.

2. The defendant shall indicate to the plaintiffs a map of the attached Form 426 square meters among the 426 square meters of Ansan-si I road in Ansan-si.

Reasons

1. Basic facts

A. According to the Land Survey Division drawn up during the Japanese occupation point of entry in the Land Survey Division, K shall be 43 years (Seo 1910, 1910).

9. It is written that 828 square meters (hereinafter “the mother land of this case”) had been assessed on 30. 30. 30. 30. 30.

B. Division of the mother land of this case and registration of ownership preservation (1) of the Defendant’s ownership was divided into 769 square meters (hereinafter “the farmland of this case”) and 59 square meters (hereinafter “the land of this case”). The farmland of this case was divided into 743 square meters and 26 square meters (hereinafter “the land of this case”) around September 10, 1955.

(2) The instant land became an area of 195 square meters, which was registered for the change of administrative district and the conversion of the area, and the Defendant completed the registration of preservation of ownership in the name of the Defendant (hereinafter “registration of preservation of ownership”) with the status of No. 83017, Jun. 1, 1996, the Suwon District Court rendered the instant land on August 1, 1996.

(3) On October 24, 1998, the instant land was combined with 1,190 square meters of an I road in Ansan-gu, Ansan-si (hereinafter “the road prior to the division”), and the road prior to the division was divided into 426 square meters of an I road in Ansan-si, Ansan-si, including the instant land, and V roads, 192 square meters of a road, V roads, 71 square meters of a W road, X roads, 31 square meters of a X road, 179 square meters of a Z road, Y roads, 291 square meters of a Z road, and the part corresponding to the instant land among the I roads is the part adjacent to each of the instant land indicated in the annexed drawing, 3, 4, 5, 6, 7, and 1 in sequence.

C. Inheritance Relations (1) The Plaintiffs’ preference S had a permanent domicile in Gyeonggiwon-gun T, and S had R and AA, but upon the death of S, AA had succeeded to the family registry. AA died on October 1945 and died on the family registry before the O entered into the Family Civil Code (see, e.g., Supreme Court Decision 68Da2105, Feb. 18, 1969). The deceased’s miscarriage was inherited only to the family heir (see, e.g., Supreme Court Decision 68Da2105, Feb. 18, 1969).

(2) On October 22, 1995, theO died, and at the time of the death, Nonparty 1, the wife of the property.