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(영문) 서울중앙지방법원 2014.06.26 2013가단153929

진정명의회복 소유권이전등기말소 등

Text

1. The defendant is based on the restoration of the authentic title as to each real estate stated in the attached list to the plaintiff.

Reasons

1. Facts of recognition;

A. According to the Land Survey Book drawn up during the Japanese Occupation Period, D residing in the same Gun as Dongcheon-gun B (hereinafter “the instant land”) around February 2, 1912, 1912, and 1,273 square meters (hereinafter “the instant land E”) are written as follows: (a) around May 10, 1912, F residing in the same Gun C, around May 10, 1912, is written as F, who is located in the same Gun C. (hereinafter “the instant land E”).

B. After that, the land of this case No. 2 was divided into each land and G, and H land listed in [Attachment List No. 1 and 2, and the land of this case No. 3 was divided into land and land of this case No. 3 and land of this case No. 1 and J.

C. Meanwhile, at the time of the situation of the Plaintiff’s high aid division D and F, the Plaintiff’s increased aid division, resided in the Gyeonggi-gunK in 1913 at the time of the situation of each mother’s land of this case, and F inherited the property by death of D around 1913. The F died on March 2, 1936 and succeeded to the property of the Republic of Korea L on the part of the son. The Plaintiff, the son died on December 2, 1958 and succeeded to the property on behalf of the son.

The defendant completed the registration of initial ownership of the land in the attached list No. 339 of February 9, 1996 with respect to the land listed in paragraph (1) of the attached list No. 3203 of acceptance of around 1995, with respect to the land listed in paragraph (2) of the attached list No. 3203 of receipt of December 20, 1995, and with respect to the land listed in paragraph (3) of the attached list No. 3 of the attached list, each registration of initial ownership is completed.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 8, 12, 13, and 15 (including additional numbers), the fact inquiry results of this court's transfer, the purport of the whole pleadings

2. The following circumstances, which are acknowledged by comprehensively taking into account the facts of the judgment as to the cause of the claim and the fact-finding results of this court's fact-finding on Leecheon-si, the purport of the entire arguments, namely, D, F, and D, which are the assessment names of the Plaintiff's prior land and each of the each of the lands in this case, are the same as D, and F.