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(영문) 서울중앙지방법원 2014.07.11 2012가단315218

소유권보존등기말소 등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. According to the Land Survey Division for Gyeonggi-si Group B (formerly changed to Sim-si C), Non-Party D’s answer 1,571 (hereinafter “D’s real estate before division”) on June 7, 1913 is the name of Non-Party E as the name of the assessment.

B. On September 20, 1962, the said 1,571 square meters was divided into F field 5,164 square meters and G road 20 square meters and H road 10 square meters. On November 21, 1986, F was divided into 36 square meters and J field 5,037 square meters from F on September 29, 197, and each real estate listed in the separate sheet (hereinafter “each real estate of this case”) was the same as each real estate listed in the separate sheet due to the change of administrative district.

C. The Defendant completed the registration of each of the following as to the (i) and (v) real estate listed in the attached list in the Gan Government District Court, Goyang Branch of the Goyang Branch of the District Court on July 18, 1996, No. 26732, which was received on July 18, 1996, as the same list Sheet, Sheet, (ii) as the receipt of No. 16392 on May 7, 1996 by the same registry, and (iii) as to real estate registered on April 19, 196 by the same registry.

On the other hand, E filed a lawsuit seeking the implementation of the procedure for registration of cancellation of registration of preservation of ownership in the name of the Defendant, which was completed on each of the instant real estate (Seoul Central District Court 2004DaGa207251, hereinafter “relevant case”), and the fact that E received the assessment of each of the said real estate from the above court, but in light of the fact that K is written as farmland land as a prop on the farmland land list, E or its heir can be confirmed to have already lost ownership by disposing of the D real estate before the previous partition into another person before the enforcement of the former Farmland Reform Act.

E. K died on August 23, 1955, and died on June 25, 1950, 1950, and LAM became the inheritor of Australia on August 23, 1955, and M died on January 19, 1999, and there is a plaintiff, child N,O, P, Q, and R who is the inheritor.

[Ground of recognition] Unsatisfy, Gap 1.

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