beta
(영문) 의정부지방법원 2014.11.06 2013가단161793

소유권말소등기

Text

1. The defendant on August 1, 1959, as to each real estate listed in the separate sheet to the plaintiff, the Jung-gu District Court, Yangyang-ju Registry.

Reasons

1. Facts of recognition;

A. According to the land survey division in Yangju-gun-gun B written during the Japanese occupation occupation period, the Gyeonggi-do Yangju-gun C total 377 square meters (hereinafter “land before division”) is indicated as being subject to D’s assessment.

B. Since then, the above land was destroyed by the cadastral record on February 12, 1958 and restored to the cadastral record on February 12, 1958, and was divided into “E 168 square meters,” “F 102 square meters,” “G 15 square meters,” and “H 92 square meters,” respectively. In other words, “Seoul-do Yangju-gun B” changed to the administrative district on May 1, 1979, “Yyang-gun U, Yangju-gun,” “Seoul-gun U, 1980,” “Seoul-si U, 1989,” “Seoul-si V” on January 1, 1989, and the name of the administrative district was changed to “Y, Namyang-si,” respectively. < Amended by Act No. 4183, Jan. 1, 1995>

After the change of land category and the conversion of area into a unit, the aforementioned “E preceding 168 square meters” becomes the land indicated in paragraph (1) of the attached Table, and the “G preceding 15 square meters” became the land listed in paragraph (2) of the attached Table (hereinafter referred to as the “each land of this case”).

C. Since August 7, 1959, the registration of initial ownership in the name of the Defendant was completed in accordance with Article 3647 of the receipt of the Namyang District Court's receipt of the Namyang District Court's receipt of each of the instant land (hereinafter "each of the instant registration of initial ownership").

On the other hand, as the Plaintiff’s prior domicile of “I” died on July 2, 1952, the Republic of Korea succeeded to the property solely by J. On March 20, 1956, and upon the death of J on March 20, 1956, K, South Korea, inherited the property solely. Since K died on June 17, 1998, K succeeded jointly to L, children, M, N,O, P, Q, R, and the Plaintiff’s property jointly.

Since then, around October 2013, the above co-inheritors agreed on the division of inherited property to inherit each of the land of this case on their own.

E. At the present cadastral map, the location and shape of the total land of S or T is almost identical to the location and shape of the land before subdivision at the time of the above situation.

[Ground of recognition] Unsatisfy, Gap evidence 1, and