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(영문) 서울중앙지방법원 2020.10.21 2019나66585

소유권말소등기

Text

The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of litigation shall be borne by the plaintiff.

purport.

Reasons

1. Basic facts

A. According to the Land Survey Book prepared by the Land Survey Project during the Japanese Occupation Period, the Suwon-gun, Suwon-gun, which was located in the area of 661 square meters prior to subdivision, was written as D’s assessment, and the said land was divided into the area of 27 square meters, 27 square meters, B, and 111 square meters (hereinafter “instant land”) at the Seosung-si, the land was converted into the area of 367 square meters at the same time and 523 square meters.

B. Around May 20, 1943, D, the Plaintiff’s fleet, was living at the above Suwon-gun U.S., and died on or around May 20, 194. Accordingly, E, who was the Plaintiff, succeeded to the instant land independently with the Australia inheritance. On October 21, 1951, E, its mother, was deceased on October 21, 1951, F, together with the Australia inheritance, succeeded to the instant land by himself.

C. Following the death of F on August 30, 1964, the land of this case was jointly inherited 1/2 shares in South and North Korea with each other. E was deceased on October 21, 1951, and G on October 30, 1949, respectively, and the land of this case was inherited by their respective successors as follows.

E-1/2 shares of the Republic of Korea is to be inherited solely by the head of South-Nam H, but H is to inherit jointly with the other I and his/her lineal descendant on October 3, 1950. The first half shares of G 1/2: South-Nam K is to inherit solely, but K is to inherit the said shares first on August 30, 1964 and K is to inherit jointly with the head of South-Nam L, wife M and his/her son N,O, P, who died on July 30, 1994 and died on September 30, 2001 and died on September 29, 2001. However, the inheritance of L is jointly inherited by the head of South-North L, son, N,O, and P, who died on September 29, 201.

On the other hand, the cadastral record on the land of this case was lost with the column of 625, and D was recorded as the owner of the land of this case after the restoration.

E. The land of this case was registered as the owner on November 27, 1995 in the future of the defendant on the land cadastre in accordance with the State Property Act through the public notice of non-owned real estate as of December 18, 1993 by the Sungsung Gun.

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