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(영문) 서울중앙지방법원 2016.03.29 2015나42307

소유권말소등기

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The factual basis;

A. The land survey division prepared in accordance with the land survey project implemented during the Japanese colonial era is the land survey division in Gyeonggi-do 381 square meters (hereinafter referred to as the “Seoul-gun”), and is the land before subdivision.

(B) On June 20, 1911, the record of the instant land was recorded as being under the circumstances of C on June 20, 1911, and the address column was in blank. (2) The record of the instant land was recorded as being 6/25 column, and was lost.

On March 20, 1953, when restoring the land cadastre as reference material for taxation purposes, the G land before subdivision was classified into three parcels, such as Gwangju-gun, Gwangju-gun, 4 square meters (hereinafter referred to as the “instant land”), G road 181 square meters, and H 196 square meters, and C was entered in the restored land cadastre as the owner of the instant land.

3) On October 25, 1975, in accordance with the provisions of the Cadastral Act, the Enforcement Decree of the same Act, and the relevant laws and regulations, the competent authority deleted the column for the owner of the instant land as a private line, and took measures against the undeveloped land. On December 1, 1977, the instant land was registered as a road of 13 square meters in a unit conversion into the area, and (4) the Defendant completed the registration of preservation of ownership (hereinafter “registration of preservation of ownership”) with respect to the instant land as the Seoul East East District Court’s Gangseo District Court No. 101240, Sept. 3, 1994, by going through the procedures for the announcement of non-owned real estate under the State Property Act.

5) At present, the instant land is currently used as a road that is incorporated into Gangdong-gu Seoul Metropolitan Government F due to the change of administrative district and provided for the general public’s passage. B. The Plaintiff’s inheritance relationship 1) The Plaintiff’s fleet C, who died on February 22, 1938, succeeded to the Plaintiff’s property solely, and as the I died on March 7, 1959, J, South Korea, solely inherited the property.

2. Around August 4, 1984, the above J died and jointly succeeded to the property of the Plaintiff and children, who are his spouse, and L, M, N,O, P, and Q, and the Plaintiff and children, who were their children, died on November 2, 200, and the Plaintiff, M, N,O, P, and Q jointly succeeded to the property.