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(영문) 서울중앙지방법원 2015.04.30 2013나46091

소유권보존등기말소등기절차이행 등

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. In the first instance court, the Plaintiff sought the registration of ownership preservation and the cancellation of ownership transfer registration with respect to each real estate listed in the separate sheet, and the first instance court rendered a judgment dismissing all of the Plaintiff’s claims.

Since the plaintiff appealed against this and then withdrawn an appeal on the 3 real estate listed in the separate sheet at the date of the first pleading of the trial of the party, the subject of the judgment of this court is limited to the claim on the 1, 2, and 4 real estate listed in the separate sheet among the judgment of the court of first instance

2. Basic facts

A. In the Land Survey Book prepared in the Japanese Occupation Period, E is written as follows: ① 1,584 square meters prior to the Gyeonggi-gun F, ② 3,004 square meters, ② H 3,04 square meters, and ③ Gyeonggi-gun 2,306 square meters prior to the I of Gyeonggi-gun, respectively.

B. As one real estate listed in the separate sheet (hereinafter “instant one land”) was partitioned and land categoryed in the above land, the Defendant Republic of Korea completed the registration of preservation of ownership on September 4, 1992 by Suwon District Court, Sungnam Branch of Sungnam Branch of the Suwon District Court. ② The above land was divided into four real estate listed in the separate sheet (hereinafter “instant four real estate”) from the above land, and the Defendant Foundation completed the registration of preservation of ownership on December 29, 2003 by the same registry office as the receipt of No. 31508 on December 29, 2003, and completed the registration of ownership transfer under the separate sheet No. 2102 as of February 2, 2004. ③ The registration office completed the registration of ownership transfer under the separate sheet No. 218821, Sept. 4, 1992, and completed the registration of ownership transfer by Defendant C’s registry office on December 31, 2015.

C. The plaintiff's reference E remains with J and K as a punishment.