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(영문) 의정부지방법원 2014.10.15 2013가합12652

소유권보존등기말소등기

Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Facts of recognition;

A. A. B’s land condition and land change 1) B was assessed on October 1, 1913 (2 years in 1913) 10.1.2) Of the 625 War, the registry and the cadastral record as to C’s 1,689 was destroyed and lost, and the competent administrative agency restored the relevant cadastral record again for administrative convenience in around 1961, and the owner’s column for the restored land cadastre was stated as B’s name was corrected as the Defendant on August 22, 1963.

3) The land category of C previously 1,689 was changed on May 1, 1962 to “miscellaneous land” and each land listed in the separate sheet (hereinafter “each land of this case”) following the change of the name of administrative district, conversion of area, and land division.

(4) The Defendant completed the registration of preservation of ownership in its name (hereinafter referred to as “registration of preservation of this case”) under No. 7803 on September 4, 1963 as to each of the instant land by the District Court, the Namyang District Court, the Namyang District Court, the registry office, and the registry office of the Republic of Korea.

B. A succession relation between the plaintiff and the designated parties 1) B died in around 1943 and succeeded to the status and property of the head of the household, and thereafter, D died on June 20, 1957 without a male who would succeed to the head of the household, and E was a female head of the household. 2) On July 28, 1991, E was deceased on the grounds that E did not select the ex post facto child and did not select the ex post facto child within a reasonable period of time, and became extinct, and as D and E were children, F, A, G, and H were equally reverted to the above plaintiff A, the designated party, G, and H.

3) The F’s children died on July 30, 1984 before the F died on October 5, 2007, and the F died on July 30, 1984. The F’s property was inherited or inherited by inheritance or inheritance by inheritance by a designated person J, K, L, and M. C. From April 10, 1962, the Defendant continued to occupy each of the instant land as part of the N Unit site from April 10, 1962 to the present day. [Grounds for recognition] The Defendant did not have any dispute, and the evidence Nos. 1 through 13 (a number is numbered) of F.