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(영문) 서울중앙지방법원 2015.08.20 2015가단23121

소유권이전등기

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs are the inheritors of E who died on February 5, 1995, and the plaintiffs A are the wife of the deceased, the plaintiffs B, C, and D. The children of the deceased.

B. From July 30, 1955 to March 11, 1957, the network E illegally buried and used the public waters located in Gyeonggi-do with no license, and submitted an application for ratification of the reclamation of public waters to the Governor of Gyeonggi-do (presidential area 9,604 square meters) on November 27, 1964, and the follow-up measures upon the above application were not taken. The network E submitted an application for ratification of the reclamation of public waters (presidential area 8,129 square meters) on August 12, 1965.

C. On October 5, 1965, the net E obtained the authorization of completion of reclamation works from Gyeonggi-do Governor No. 271 on April 28, 1966, when it applied for the authorization of completion of reclamation works in the area of 7,641 square meters (Yet G G 5,961 square meters, H 969 square meters, and I bank 531 square meters) of reclaimed land on April 2, 1966.

The answer of Gyeonggi-do G G G, which was approved for completion due to reclamation by the network E, was divided after cadastral adjustment, and the net E completed each registration of ownership preservation on July 17, 1978 among divided lands, with J Nos. 1,985, and K Nos. 3,690.

E. As to the above H maintenance, the Defendant completed each registration of preservation of ownership on July 23, 1990, and as to the I bank on February 15, 1990 (hereinafter “maintenance of H and I bank”), and the subsequent maintenance was divided into the land in the attached list Nos. 1 and 2, and the land in the attached list Nos. 3 and 4, respectively.

[Reasons for Recognition] Unsatisfy, Gap 4 through 12, 14 evidence (Evidence A1 and 12 shall be the same as evidence B 3 and 4), Gap evidence 2, the purport of the whole pleadings

2. The parties' assertion

A. The real estate listed in the attached list No. 1 of the plaintiffs' assertion is that the deceased acquired the deceased's original acquisition by obtaining a reclamation license and obtaining a completion authorization. Although the phrase on the request of the deceased was "salin", the real property is until November 6, 1966.