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(영문) 춘천지방법원 강릉지원 2018.07.18 2018가단370

소유권보존등기말소등기

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1. The defendant completed on December 5, 1995 the receipt of No. 36547 of this Court with respect to the land size of 612 square meters in Gangseo-si, Gangnam-si.

Reasons

1. Facts of recognition;

A. On January 18, 1913, E residing in Gangnam-gun C previously 229 square meters (hereinafter “the land before subdivision”) was examined as of January 18, 1913, and cadastral records were destroyed due to an incident of 625 square meters, but the application for registration of preservation of ownership in the name of networks E remains on September 22, 1919 (Seoul 8 years).

On the other hand, the father F of the Plaintiff had his permanent domicile in Gangnam-gun G, and transferred to H.

B. As to the land before subdivision, each E’s application for the subdivision of the land before subdivision (Fire 13, 1938) was filed on March 22, 1938, and each E’s application for the subdivision of the land at KRW 44, B, and KRW 185, respectively, and the above B, KRW 185, on November 7, 1938 (Fire 13, 1938) remains.

C. On February 4, 1965, the land cadastre for the above I land was stated that the registration of ownership transfer was made in the name of the plaintiff on February 4, 1965, and that the registration of ownership transfer was made in the J on August 22, 1979.

On the other hand, the owner’s column is a blank column on the old land cadastre concerning B, 612 square meters (hereinafter “instant land”).

With respect to the land of this case, the registration of preservation of ownership in the name of the defendant was made on December 5, 1995 because the period of public announcement on October 5, 1993 pursuant to Article 8 of the State Properties Act and Article 4 of the Enforcement Decree of the Act on the Disposal of Unowned Real Estate (in the absence of a report by the person who asserts a legitimate right to the real estate within six months after the public announcement, the real estate shall be acquired as State property) was until March 10, 1994.

E.F died on June 29, 1957, and K, the president of F, had already died on March 10, 1935 (Fire Fighting 10 years), and the Plaintiff inherited the network F solely with South Korea.

F. The land of this case is also an embankmentd in the aerial photography taken on April 6, 1954, and is marked as an embankment on January 9, 1990 at the time of the public notice of the master plan for the maintenance of LW (Seoul-do public notice M).

[Reasons for Recognition] A.I. to 5.