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(영문) 서울중앙지방법원 2018.06.21 2017가단5171937

소유권말소등기

Text

1. The defendant shall accept on December 12, 1995 the land stated in the attached list with respect to the plaintiff.

Reasons

1. Basic facts

A. Land assessment, etc. 1) In the forest survey division prepared by the land survey station in the Joseon General and the Land Survey Bureau in around 1917 (six years grace period), land listed in the attached Table (hereinafter “instant land”).

2) On December 12, 1995, the registration of preservation of ownership in the name of the Defendant was completed as the receipt No. 23837 of December 12, 1995 with respect to the instant land by the Suwon District Court Yangyang District Court (Seoul District Court Decision 23837, Dec. 12, 1995).

B. 1) The Plaintiffs’ preference C died in 1944, and Nonparty Do, a South-North Korea, was the head of the household, and succeeded to the property. D was dead on April 24, 1962, and Nonparty Do succeeded to the property, and E was deceased on April 24, 1978 and jointly succeeded to the property by Plaintiff A, F, G, and H, his children. 2) As a result of the verification of the record in the I of the G of the Yangyang-gun of Gyeonggi-do, the record was confirmed at the time of the above circumstances, and the Plaintiff A, F, G, and H did not verify the Plaintiff’s expulsion from the T of the two parallel-gun as of 1917, which was the time of the above circumstances. Furthermore, it was not confirmed that the names of the above C and C were the same and the actual other person, i.e., the person’s expulsion.

3) Article 1 of the Joseon Forest Survey Decree (amended by Presidential Decree No. 5 of May 1, 1918, No. 1918, May 1, 1918) provides that “The survey and survey of forest shall be governed by this Decree except for those conducted under the Land Survey Decree.” According to the Land Survey Ordinance, the landowner shall report to the Director General of the Provisional Land Survey Bureau the address, name, location of ownership, land category, etc. within the period determined by the Joseon General, and obtain a seal recognized as a prop whole in the land report.”

When preparing a land survey book, each category of land shall be prepared in a series of lot numbers, each category of land shall be divided into each Dong, but the number of lot numbers, land category, and the date of report shall be the owner's name, etc. shall be stated in the column for dispute, and if the address and the location of land of the owner are the same, the same name shall be omitted in the same Dong.