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(영문) 서울중앙지방법원 2017.12.22 2016가합570546

소유권보존등기말소등기절차이행 등

Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The Forest Survey Division prepared under the Joseon Forest Survey Order in the Japanese colonial era stated that M (no M and address shall be recorded) was subject to the assessment of 40 m2 (15,273m2 and 15m2 (hereinafter “instant land before the instant partition”) per 5m3m2 per 1 PP of Gyeonggi-si (Odong in Sungnam-si, Sungnam-si, a change of administrative district after its change; hereinafter “Odong in Sungnam-si”).

B. The legal domicile of the plaintiffs in the legal domicile of Q, who is the first line of Q, is the R of Sungnam City, and the plaintiffs are the successors of Q Q.

C. The Defendant Republic of Korea completed the registration of initial ownership (hereinafter “registration of initial ownership”) on the land prior to the instant subdivision by the Suwon District Court, Sung-nam Branch No. 4811, Mar. 27, 1965, as to the land prior to the instant subdivision.

Before the instant partition, the land was divided into N, T, U, and V of the Sungnam-si, Sungnam-si, and S, U, and V were merged into H, and then W, I, and K were divided into H, and T was converted into Y.

The above Y was re-merged into L again and thereafter the J was divided into L. D.

Of the above divided and merged lands, the registration of ownership transfer was completed on July 1, 2016 in the Defendant Korea Land and Housing Corporation (hereinafter referred to as “each of the instant registration of ownership transfer”) under the status of No. 33024, which was received on August 29, 2014 by the Suwon District Court Branch Branch of Sung-si, Sung-nam District Court (Seoul District Court), No. 33024, Aug. 29, 2014 in relation to I,K, L, and J.

E. The land prior to the instant partition, as seen earlier, was included in the part on which the drawings indicated in the annex No. 2 (a), I, J, and K among the parts on which the drawings indicated in the annex No. 2 (a), I, and J, and K among the parts on which the said drawings were indicated, and in the same part on which the said drawings were indicated in L.

(hereinafter) The above part of the claim stated in the land before the subdivision of this case is without dispute (which is the ground for recognition). [This case’s land] written in Gap’s evidence Nos. 1 through 14 (including each number), the result of the survey and appraisal on the appraiser’s Z of this case’s land, the whole purport of the pleading is to be made.