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(영문) 서울중앙지방법원 2017.11.17 2016가단5135743

소유권보존등기말소등청구

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 19, 1910, the Land Survey Division prepared in the Japanese Occupation Period, stated that “D” was written in the land Survey Division (hereinafter “D”) and the 2,623 square meters in Gwangju City E-si (hereinafter “the land assessment No. 1”) and the F-si in Gwangju City 299 square meters (hereinafter “hereinafter “the land assessment No. 2”) respectively.

B. On March 20, 1953, the land of this case was partitioned into G or H as the cadastral records were restored on or around March 20, 1953. Among them, the land category I 402 square meters (1,329 square meters) was changed into a road.

After that, the 402 square meters of the above I road was 1,329 square meters of the I road in Gwangju-si through the conversion registration of the area, change of administrative district, etc. on October 5, 1977, and later, on February 15, 2002, the part indicated in the annexed drawing (A) is the former part of the I land.

[A] Part of the above (hereinafter referred to as “land 1 of this case”) C

The land of this case No. 2 was restored to the cadastral area, and was divided into J or K on September 28, 1974, and among which C72 square meters (238 square meters) was divided and the land category was changed to a road.

After that, the 72 square meters of the above C road came to be 238 square meters of the road in Gwangju-si, Gwangju-si (hereinafter “instant land”) through the conversion registration of the area, change of administrative district, etc. on October 5, 1977. D. The land was “each of the instant land” along with the land No. 1.

The defendant completed the registration of initial ownership on March 14, 1996, each of the above land B including the land No. 1 and the land No. 2 of this case, after going through the public announcement procedure of non-owned real estate.

E. Meanwhile, the Plaintiff’s fleet L died on July 4, 1941. He succeeded to Australia, his son, but died on December 28, 1965. The heir was N,O, P, Q, but N died on December 30, 1986. The Plaintiff was one of N’s children.

[Ground of Recognition] Unsatisfy, Gap evidence 1 through 10 (including Gaz number; hereinafter the same shall apply) and Eul evidence 3 to 5

2. The parties' assertion

A. The Plaintiff’s assertion L, the Plaintiff’s fleet, received the instant land assessment.