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(영문) 의정부지방법원 2019.03.14 2017가단107971

소유권말소등기

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. In the land survey division of the Gyeonggi-do Lri-gun Lri-gun, which was prepared during the Japanese occupation period, the number of 1,327 square meters prior to M is registered as being under the circumstances of O (O; hereinafter “O”) with the address in Nri-ri (Nri-Ri).

B. The above land became the Pdong land at the time of the Government stated in the purport of the claim through the change of administrative district and conversion of area into unit (hereinafter “instant assessment land”).

In addition, the registration of ownership preservation has been completed on March 5, 1965 in the R, which had a permanent domicile as Q Q as to the above land, and the registration of ownership transfer has been completed on March 16, 1996 in the name of Defendant E (RF).

C. R had a woman T, South-Nam, Defendant E, Defendant F, and Defendant C in Samnam between the wife and the wife.

T on February 4, 1989; S died on October 27, 1989; and R on February 10, 2004, respectively; and R succeeded to the property of Defendant E, Defendant F, Defendant G and T’s husband H and son H, and Defendant J, respectively.

On the other hand, the family register of Plaintiff A, Plaintiff C, and Plaintiff D U (hereinafter “Plaintiff U”) was destroyed by the 6.25 East column, and was re-established on May 5, 1954 by having the domicile of the Plaintiff “Meung-gun V”.

On March 23, 1958, U U of the plaintiffs died, and the father-W of the above plaintiffs, his son, succeeded to the property solely, and the W died on March 30, 201, the plaintiff A, C, X, and D, who were the plaintiff Eul and his son, jointly succeeded to the property.

[Ground of recognition] The absence of dispute, Gap's evidence Nos. 1 through 5, Eul's evidence No. 1, and the result of the inquiry and reply of the fact-finding conducted on October 23, 2017 to the government market of this court

2. Plaintiff’s assertion and judgment

A. The plaintiffs' lighting U is the Z type Y's Y descendants among those who are the same as the Y, the Z type of which is a joint group of Y.

U resided in Gyeonggi-do AAri before the piracy and moved to Pyeongtaek-si ABri in which Y descendants formed a dynamic village immediately after the piracy.

The plaintiffs' assistant U.S. owners are the plaintiffs' assistant owners.