beta
(영문) 의정부지방법원 2020.05.13 2018가단135232

소유권확인

Text

1. The defendant confirms that the 4,298 square meters prior to Gyeonggi-gun B is owned by C (D and 2,000 square meters for last address E).

2...

Reasons

1. Basic facts

A. The entry of the Land Survey Division and the Land Survey Division 1) The land survey division drawn up during the Japanese colonial era was changed to the Gyeonggi-gun G of Gyeonggi-gun (Y) with the address in the Gyeonggi-gun F, the name of the administrative district was changed to the Gyeonggi-gun G of Gyeonggi-gun.

2) The land cadastre of the above land was destroyed at the time of 6.25 square meters prior to H’s 2,361 square meters. The land cadastre of the above land was divided into B 1,300 square meters prior to H (hereinafter “instant land”) and B 1,061 square meters prior to I, and the land cadastre was restored on December 30, 1967.

Each land cadastre of this case is indicated as C(D) whose address is located in Gyeonggi M&AF as the first one or the first one, and the land cadastre of this case is written by J as following owner of C.

B. On August 26, 1969, the J’s death and inheritance-relatedJ jointly succeeded to the spouse’s property K, ASEAN, M, N, and the Plaintiff’s death.

K died on May 13, 1975 and jointly succeeded to L, M, N, and the plaintiff's property.

On May 2, 2005, L, M, N, and Plaintiff agreed on the division of inherited property with the content that the Plaintiff succeeds to the land of this case on his own.

C. The Plaintiff filed a lawsuit against the Plaintiff with respect to the instant land, asserting that “C acquired the instant land under the circumstances during the Japanese occupation period, and J purchased the instant land from C, and the Plaintiff solely inherited the instant land from J, and thus, C is obligated to perform the procedure for the registration of ownership transfer with respect to the instant land.” The Plaintiff filed a lawsuit for the registration of ownership transfer (hereinafter “prior lawsuit”) with respect to the instant land by filing a judgment in favor of the Plaintiff on November 29, 2017 by public notice, and the said judgment became final and conclusive around that time.

On January 10, 2018, the Plaintiff’s rejection of the application for registration of ownership preservation on the instant land.