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(영문) 서울동부지방법원 2017.08.17 2016가합106498

소유권말소등기

Text

1. All the claims of the plaintiff and the independent party intervenor are dismissed.

2. Of the costs of lawsuit, the part concerning the principal lawsuit.

Reasons

Lawsuits filed by the principal lawsuit and independent parties shall be considered together.

Basic Facts

The plaintiff clan is a clan in which PC 8 years old Q and 9 years old R as his children are the joint ancestor.

R L L set up S, and S, under S, Y T, 2 South U, 3 South V, 4 South W, 5 South X, 6 South Y, as shown in attached Table 4.

The defendant clan is a clan with X as a common ancestor, and the intervenor is a clan member of the defendant clan with X 23 years of age.

The area of land in this case shall be at 2,052 and at 956 (hereinafter collectively referred to as “instant land,” and the individual land shall be referred to as “Z land before division” and “AA land before division” means “B, AB, AC, AD, AE, AF, and AG” as the land research project conducted by the Joseon General Government on August 30, 1911.

hereinafter referred to as "the name of the circumstances of this case"

AB and AG are latter descendants of X, AE is latter descendants of V, AC, AF, and AD are latter descendants of W.

AB died on January 30, 1942; AG on December 22, 1945; AE on June 16, 1919; AC on July 6, 1940; and AF on August 8, 1920.

After the division, merger, and preservation of ownership of the instant land, the instant land was divided and combined as indicated in the details of the division and merger of the attached Table 3. At present, the land before division was divided into 1-1 to 1-12 land of this case and 17 square meters before AH in Gwangju-si, 33 square meters in AI, and 1 square meters in JJ-si. The land before division was divided into 214 square meters in AK-si in Gwangju-si, other than the instant land, and 424 square meters in AL-7 and 93 square meters before AM.

Meanwhile, among the descendants of the Defendant clan and the grandchildren of AB, one of the circumstances of the instant case, among the descendants of the instant case, is the Gyeonggi-gun AO that was divided into the land before the subdivision on October 20, 1973, and not more than 1,170§³ and not more than 5,613§³ prior to AP.

The "A Q Q 2,430 square meters or less divided from AA land before division" is "A Q 30 square meters or less"

On November 1, 1973, the defendant reported the ownership of the above land.