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(영문) 서울중앙지방법원 2019.11.12 2018가단5201064

소유권말소등기

Text

1. On March 22, 1991, the Defendant registered the Seoul Central District Court with respect to the Plaintiff with respect to B forest land No. 251 square meters in Gangnam-gu, Seoul.

Reasons

1. Facts of recognition;

A. The Land Survey Book prepared in the Japanese colonial Period in the Land Survey Book is written on July 31, 191 (hereinafter “instant assessment land”) by E residing in D with respect to the Gyeonggi-gun Co., Ltd. 214 square meters (hereinafter “instant assessment land”).

However, the land of this case was previously managed as the soil of the plaintiff clan since before the land situation, and the plaintiff clan was entrusted with the name of the clan E on July 31, 191.

B. The instant assessment land was divided into the instant assessment land and the instant assessment land related to the instant real estate was divided into F 138 square meters in diameter and G 76 square meters in diameter, and subsequent G 76 square meters in G was 251 square meters in Gangnam-gu Seoul Special Metropolitan City B forest land (hereinafter “instant real estate”) following a land category change, land size conversion, administrative district change, etc.

C. In the records of the relevant public records, the public records, such as the registry and the land cadastre, were entirely destroyed due to the 6,25 incident. On June 14, 1961, the Plaintiff terminated the title trust of E with respect to the land of this case (the parcel number and land category after the change of the administrative district) and filed an application for registration of preservation of ownership in the name of the Plaintiff, and filed an application for registration of preservation of ownership in the name of the Plaintiff on the same day.

Meanwhile, in the course of restoring the land cadastre in around 1961, the tax authority set up a separate book land cadastre of the Gangnam-gu Seoul Special Metropolitan City I and the land category of the land as 214 square meters (the Plaintiff clan in charge of preserving ownership on June 14, 1961), and the lot number and land category of the Gangnam-gu Seoul Special Metropolitan City B (the change of land classification as forest land on December 26, 1961) 76 square meters (the Plaintiff clan in charge of the Plaintiff clan), respectively.

However, around May 7, 1976, in the process of making the land cadastre by the competent authorities in the form of a card for the land cadastre, I 214 square meters (the registration of converting the area into the area of 707 square meters on August 10, 197).