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(영문) 의정부지방법원 2017.04.21 2017나200253

소유권보존등기말소

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. The land survey division prepared during the Japanese occupation point period is indicated in the land survey division that C, who has a domicile in the Southern Southern Southern-gun, was assessed around October 1913 at the 1,136 square meters (hereinafter “instant land before division”).

B. The instant land before subdivision was subdivided into E 40 square meters, F 13 square meters (hereinafter “F land”), G 157 square meters (hereinafter “instant land 1”); and H 826 square meters (attached Form 2; hereinafter “instant “instant land”). C. On April 18, 1938, 1938, Joseon Trust Co., Ltd. (hereinafter “Mediation Trust”) and the beneficiary, who are located in Sung-gu, Nam-gu, Seoul (hereinafter “C”), and the trust agreement to designate the trust period from April 18, 1938 to December 31, 1968, to trust the instant land before subdivision, and to trust the instant land (hereinafter “instant trust agreement”).

B. B. The registration of ownership transfer is completed in the shipbuilding trust.

F Land is referred to as the "former Farmland Reform Act" before it was amended by Act No. 561 of October 13, 1960; hereinafter referred to as the "former Farmland Reform Act".

The farmland distribution was made according to the farmland distribution, but the farmland distribution was not made for the land Nos. 1 and 2 of this case.

E. The land Nos. 1 and 2 of this case is being created and used as part of J reservoir facilities around 1945, and the defendant is "each registration of preservation of ownership" of each of the lands Nos. 1 and 2 as stated in the purport of the claim.

(f) The rights and obligations of the shipbuilding trust were succeeded to by the Bank via the Korea Trust Bank, Han-il Bank, and Han-dae Bank. G. I died on May 22, 1957, and succeeded to its property solely by the Plaintiff. [based on recognition] 【The grounds for recognition, the absence of dispute, and Gap’s 1 through 8, 11, 30 (if any, including a serial number; hereinafter the same shall apply).

Nos. 1 and 2, and the purport of the whole pleadings.

참조조문