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(영문) 서울동부지방법원 2017.08.25 2015가단48802

진정명의 회복에 의한 소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The land-based land-based Dap 2,147 square meters (hereinafter all land is located in Gyeonggi-gun E-ri, and the parcel number for convenience was expressed only by E-ri) was assessed against F on April 5, 1914.

B. The deceased on September 21, 1917, and the deceased on the part of the deceased F and the deceased on his/her own inheritance. G died on December 28, 1950, which eventually succeeded to G’s own property. The deceased on November 15, 2015, stating that H, his/her father, succeeded to the E Ri of G’s name and the Plaintiff, his/her father’s wife’s wife, and died on January 2, 2015, after preparing a will on November 15, 2009, stating that he/she shall inherit the land in his/her name.

C. On June 12, 1975, the answer 2,147 as to the land division was divided into 1,392 and 755 square meters before C (hereinafter “the land before the division”).

Among them, the land before the instant partition was registered on April 28, 200 by converting the area into 2,315 square meters, and thereafter, 181 square meters before J was combined with the said land, and 3 square meters before K was divided into 2,493 square meters before C.

C Of the previous 2,493 square meters, the part of the land before the instant partition is 2,315 square meters in the order of each of the items in the attached Form 34, 35, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, and 34, the part of the land before the instant partition is 2,315 square meters in the ship (hereinafter “instant land”).

On June 2, 1965, the registration of ownership transfer was completed in the name of Nonparty L (hereinafter “registration of ownership transfer”) pursuant to the Act on Special Measures for the Registration, etc. of Ownership of General Farmland (Act No. 1670, Dec. 31, 1964; Act No. 1670, Jul. 1, 1965; hereinafter “General Farmland Special Measures Act”), and the land before subdivision was completed on July 7, 1975, the registration of ownership transfer was completed on June 30, 1975 in the name of Nonparty M, the father of Nonparty Defendant, and again on April 28, 200.

Grounds for recognition: A.