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(영문) 수원지방법원 2015.04.02 2014나23901

소유권말소등기

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1. Revocation of a judgment of the first instance;

2. The plaintiff's lawsuit against the defendants is dismissed in entirety.

3. The total cost of the lawsuit.

Reasons

1. Basic facts

A. On April 11, 1911, the deceased C was under the circumstances of KRW 898,00,000,000,000,000.

B. The defendant Hasung-si was divided into the F. 805 square meters and G. 93 square meters on the date in terms of the king E (which seems to change the administrative district of the Suwon-gun D) and completed registration of initial ownership around October 2, 1962.

C. On July 18, 1981, Flux 805 square meters (the registration of conversion into the area of 2,661 square meters on January 31, 197) was cancelled upon the combination with H on July 18, 1981 at the same time with the change of land category, and G 93 square meters (the registration of conversion into the area of 307 square meters on January 31, 197) was made on June 5, 1978 at the same time with the change of land classification as a school site.

The original land category H was the land category of G, but was changed into a school site on June 5, 1978, and it was merged with G, F, J on July 18, 1981, which was changed into a 6,262 square meters due to the change of the administrative district name on April 20, 1995, and was changed into a 6,262 square meters due to the change of the administrative district name on November 24, 2003.

E. On February 18, 1993, Defendant Gyeonggi-do completed the registration of transfer of ownership on the ground of succession on March 26, 1991 with respect to the 6,262 square meters of the K school site in Suwon-gu, Suwon-si, Suwon-si, which was merged as above.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 3 through 9, purport of whole pleadings

2. The plaintiff's assertion of the plaintiff was given a land assessment as to the 898 square meters in Gyeonggi-gun D, Gyeonggi-do, and the deceased on September 14, 1978, and the deceased on September 14, 1978, the plaintiff was solely inherited the property. The defendant Seosung-si's city made a registration of preservation of ownership as to the above land without any cause, and made a registration of merger with the 307 square meters in the land for the G School (hereinafter "land prior to the merger of this case"), which was divided into the above land, in Suwon-si, Suwon-gun, Suwon-gun, and again made a registration of transfer of ownership to the defendant Gyeonggi-do. The registration of merger and transfer of ownership is completed without cause.