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(영문) 서울고등법원 2017.06.23 2016나2038182

소유권말소등기

Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

(b).

Reasons

1. Basic facts

A. (1) On June 11, 1913, the land investigation book prepared by the Japanese governor-general under the Land Investigation Ordinance enforced during the Japanese occupation period was entered into force by the Japanese governor-general, stating that the land investigation book was entered into RF with 698 square meters (2,307 square meters; hereinafter “the instant farmland”) located in Priri-do, Pakistan-gun, Pakistan-gun, Gyeonggi-do (hereinafter “instant farmland”). On the other hand, on the other hand, on January 6, 1919, L was entered in Tri-ri-ri’s land investigation book (hereinafter “instant land before division”).

(2) On December 16, 1980, Republic of Korea completed the registration of preservation of ownership on the farmland of this case by the District Court of Jungyang-gu Branch Office of High Court of the Republic of Korea, No. 18942.

(3) On September 13, 1993, the land before the instant partition was divided into 1,363 square meters before J, N43 square meters (hereinafter “instant road”), and 2,530 square meters before K, and became cadastral recovery.

B. After the Defendants’ registration of preservation of ownership of the instant land was again subdivided into J land and K land. The Defendants completed registration of preservation of ownership as stated in the purport of the claim in accordance with the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (hereinafter “Special Measures Act”), which was in force at the time with respect to the land of this case and 1,297 square meters and 2,371 square meters prior to J on May 18, 1995 (hereinafter “each of the instant parcels”).

(2) On August 27, 1999, the Republic of Korea completed the registration of preservation of ownership on the road of this case by the Jung-gu District Court of Suyang Branch Office of High Court of the Republic of Korea, No. 3905.

C. On May 7, 1917, V, the inheritance-related plaintiffs, died on May 7, 1917, and succeeded to the family head and property of his bilateral L, and on November 15, 1956, his P succeeded to family head and property.

In addition, P died on August 27, 1964, the plaintiffs jointly inherited their property.

While the administrative district was changed and the administrative district was closed in 1914, part of Qu, Ru, Sri, and Tri currently has been combined, and the present Sri and Rri have been partially combined.