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(영문) 서울고등법원 2015.01.22 2013나2010947

소유권말소등기

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1. Of the judgment of the court of first instance, concerning the land set out in paragraph 6 of the annexed list that exceeds the following order to implement:

Reasons

The plaintiff sought implementation of the procedure for cancellation of registration of cancellation of registration of ownership in the name of the defendant Gyeonggi-do (the Superintendent of the Office of Education), the registration of preservation of ownership in the name of the defendant in the name of the Republic of Korea, the registration of preservation of ownership in the name of the defendant in the name of the defendant in the name of the defendant in the name of the defendant in the attached Table 1, 2, 4, 5, 7, and 8, the land listed in the attached Table 1, 2, 4, 5, 7, and 3, and the registration of cancellation of registration of ownership in the name of the defendant in the name of the defendant in the attached Table 6, and the land listed in the attached Table 1, 2, 5, 6, 7, and 8, respectively. The court of first instance rejected the plaintiff's

With respect to the part against the plaintiff as to the land listed in paragraph (3) of the attached list, as to the part against the defendant as to the land listed in paragraph (7) of the attached list, the defendant Gyeonggi-do (the representative Do Governor) appealed against the part against the defendant as to the land listed in paragraph (6) of the attached list, and as such, the defendant Gyeonggi-do (the representative Do Governor) appealed against each of the part against the defendant as to the land listed in paragraph (6) of the attached list. Thus, the subject of adjudication of this court is limited to the part

During the Japanese occupation of the foundation for the determination of the cause of the claim, the Land Survey Division prepared by the Extraordinary Land Survey Bureau of the Joseon General Co., Ltd. is registered as C with respect to approximately 6,571 square meters (hereinafter “the land before the instant partition”), and the address of the owner is vacant.

The land before the instant partition was divided into the land in Macheon-gun D (hereinafter the divided land is indicated only by the lot number), E, F, G, H, and I land (hereinafter “I land before the division”). Of these, the J land was divided on March 12, 1971 from G land, and K land was divided on January 10, 1980 from J land, and L on April 23, 1983 from J land.