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(영문) 수원지방법원평택지원 2015.07.22 2014가단10774

소유권이전등기

Text

1. The defendant shall receive, on December 27, 1996, the Suwon District Court's Ansan registry office with respect to the size of 1,190 square meters prior to the time of Ansan to the plaintiff.

Reasons

1. Facts of recognition;

A. On April 15, 1941, the Plaintiff’s Magdong C received assessment of the size of B B 1,190 square meters during the Japanese occupation period, and died on or around the day of April 15, 1941. The deceased on October 21, 1944.

As the head of the deceased D, the plaintiff is a successor to Australia.

B. The Plaintiff completed the registration of preservation of ownership in its name (hereinafter “registration No. 1 of this case”) with respect to the title No. 22152, which was received on November 6, 1993, from the Suwon District Court’s Ansan-si, as to the land No. 1,507 square meters prior to E (hereinafter “instant land”).

C. The defendant is the above A.

On December 27, 1996, the Suwon District Court's Ansan District Court's registration office (No. 36433, Dec. 27, 1996, completed the registration of ownership preservation (hereinafter referred to as the "registration No. 2 of this case") with respect to the land stated in the subsection (hereinafter referred to as "the second land of this case").

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including each number), the purport of the whole pleadings

2. Determination

A. 1) In a case where a certain land is registered with one parcel of land in the cadastral record, the location number, land category, land register, and boundary of the land shall be specified by the registration, and the scope of ownership of the land shall be determined by the boundary on the cadastral record (see, e.g., Supreme Court Decision 94Da4615, Jun. 16, 195). The identity of the land shall be determined on the basis of whether the two registrations of preservation are actually identical and identical in terms of the lot number, land category, land register, etc.