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(영문) 서울고등법원 2017.08.25 2016나2068565

소유권이전등기

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1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The land survey division prepared during the Japanese occupation period was registered by J (K and address disturbance) as the owner of 387 square meters (hereinafter “instant land before the instant partition”).

B. The land before the division was restored on March 20, 1953 by the old land cadastre (No. 2-2 of the evidence No. 1) as to T-owned land before March 20, 1953, and the land before the division was divided on March 20, 1953, but the above L-owned land register (No. 14) stated that the registration of preservation of ownership was completed around May 1934 by three others, and the lot number size of the above land was indicated as only 184 square meters, and 203 square meters of the above T-owned land area was excluded. In full view of the contents of the above copy of the register and the old land cadastre, it appears that the previous land before the division was divided before March 20, 1953.

The land of this T was divided into 184 square meters and T Road 203 square meters prior to the Gyeonggi-do Si Sc. Around December 1968, the land of this T was divided into the land of annexed No. 1 as shown in annexed Table 1 and X-si land, and the above X land was divided into the land of annexed No. 2 or 4 from around 1983 to 193.

(hereinafter referred to as the “land of this case” in sequence 1 through 4 as the “land of this case” and collectively referred to as the “each land of this case”).

Each land of this case was unregistered, and as to the land No. 1 of this case on October 28, 1994, on September 5, 1989, registration of preservation of ownership in the name of each defendant for the land No. 2 of this case and No. 4 of this case (hereinafter “each of this case’s registration of preservation of ownership”). D.

On July 17, 1916, the net M (N, the legal domicile of Gyeonggi-do) died, and on February 25, 1989, the network P, which is its heir, died.

Plaintiff

A, B, F, G, H, I, and net Q are children of the network P, and the children of the Plaintiff C, D, and E are children of the net Q Q (Death of September 5, 2007).

[Reasons for Recognition] Unsatisfy, Gap 1 to 4, 12, 14 evidence number.