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(영문) 서울중앙지방법원 2017.10.12 2016가단5304143

소유권말소등기

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. During the Japanese occupation of Japanese occupation, the Joseon General, promulgated the Land Survey Order in 1912 and carried out a land survey project by 1918. The land survey division drafted around that time stated that the address of the land survey division was assessed by I, the “Yri-gun, Yangyang-gun,” which is the “Yri-gun, Yangyang-gun, Seocheon-do,” and 681 square meters before K (hereinafter “Second-Government Land”).

B. Meanwhile, the land under the first assessment was divided into several lots for a long period thereafter, and the registration of preservation of ownership in the name of the Defendant was completed on August 9, 2004 on the F.F. 506 square meters (hereinafter “1 land”), which is a part of the divided land, by the Seocheon-si District Court of Jungcheon-si, Seocheon-do (hereinafter “the first land”).

On the other hand, the land of the 2nd assessment was also divided into several lots for a long time, and the registration of preservation of ownership in the name of the defendant was completed under the receipt of 26931 on August 9, 2004 by the Macheon-si District Court of Jungcheon-si, Gyeonggi-do as part of the land of the 126th assessment of G road (hereinafter “26”).

(hereinafter referred to as “the combination of the circumstances described in paragraphs (1) and (2)” refers to each of the circumstances described above, “the combination of lands Nos. 1 and 2,” and “the combination of lands,” respectively.

On December 10, 1940, I, the assessment name of each of the circumstances in this case, adopted L as a child before the birth, but died on December 10, 194, and L died on February 25, 1986. The deceased on August 11, 1984, when L was married with the plaintiff B, and the deceased as the plaintiff N, D, and E. The plaintiffs jointly succeeded to L's property.

The address of I stated in the Land Survey Book for each of the instant circumstances was changed to O in 1914, and the saidO was in accordance with the Pdong in Namyang-si.

On the other hand, there was no person using the same name and Chinese characters in addition to Q from the plaintiffs' prior domicile at the address of I, the assessment title of each of the circumstances in the instant case.