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(영문) 수원지방법원 2015.03.25 2014나24072

소유권이전등기

Text

1. Revocation of a judgment of the first instance;

2. As to each real estate listed in the separate sheet to the Plaintiff:

A. Defendant C is the same.

Reasons

1. Basic facts

A. The land survey division concerning Suwon-gun-gun-gun-gun-gun-gun-gun-gun-gun, which was prepared by the land survey authority in around 1913 by the Joseon-gun-gun-gun-gun-gun-gun-gun-gun-gun-gun (hereinafter “instant assessment land”), is written as follows.

B. On December 31, 1958, the assessment land of this case was divided into H 462 square meters (hereinafter “the land before the subdivision of this case”), I 740 square meters and J 1,152 square meters, and Korea completed registration of preservation of ownership on the land before the subdivision of this case on May 31, 1961.

C. After that, Suwon-gun D had the name of the administrative district changed in sequence from the N of Sungsung-gun to the O of O of O in O, and the land before the division was divided into each real estate listed in the separate sheet on September 28, 2006 (hereinafter “each land of this case”).

On the other hand, in the distributed farmland land prepared at the time of distribution of farmland under the former Farmland Reform Act, L with K's address in the person liable for compensation for the land before the subdivision of this case, M' in the distributed farmer's column, and U.S. with K's address in the above I farmland compensation column as to the above I farmland and the above I farmland 740 square meters in the distributed farmer's column, respectively, and the compensation for each of the above lands is stated as one person.

E. L died on July 5, 1950 and succeeded solely to the Plaintiff. The Plaintiff filed a lawsuit against the Republic of Korea as Suwon District Court 201Kadan51591 on the claim for cancellation of registration of preservation of ownership of each of the instant land. On April 24, 2012, the said court rendered a judgment ordering the Plaintiff to implement registration procedures for cancellation of registration of preservation of ownership of each of the instant land on the ground that L succeeded to each of the instant land from S, and the said judgment became final and conclusive around that time.

On the other hand, P, Q, R and Defendant B (hereinafter referred to as “S’s successors”) filed against the Republic of Korea by asserting that S had originally acquired the ownership of each of the instant land and succeeded to it.

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