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(영문) 서울고등법원 2020.02.05 2019나2029752

소유권이전등기

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. Facts of recognition;

A. The plaintiff's assistance net C had a permanent domicile in Ansan-si D, but died on June 13, 1952.

B. At the time of death of C, E, one of its children, was already deceased on April 10, 1952.

The plaintiff, who is the grandchild of C and E, was succeeded to C's property solely by inheritance from Australia.

C. The defendant is a clan that is made up of F 12 years of age G as a middle group and that is made up of its descendants.

The Forest Survey Division for Yangju-gun H, which was prepared during the Japanese occupation period, was under the assessment of the Gyeonggi Yang-gun, 85 Y 4,200 forest land (hereinafter “K”) located in the J of Gyeonggi-gun.

E. The Land Survey Book with regard to C in Yang-gun, which was prepared during the Japanese Occupation Period, is subject to the assessment of “O” residing in N in Gyeonggi-gun, the respective land indicated in the attached Table Nos. 4 through 7, 9, 20 through 22 (Provided, That the area of each land is equal to the horizontal number before unit change, and all the other land listed in the attached Table Nos. 1 as follows; hereinafter the same shall apply) and the number of each real estate listed in the attached Table Nos. 703 square meters (hereinafter referred to as “land before division”) and the 4,492 square meters (hereinafter referred to as “M before division”) prior to division.

F. The said Land Survey Division is deemed to have undergone a situation in which both States PY 617 square meters (hereinafter “P land before division”) and Q Q 1,184 square meters (hereinafter “P land before division”) were residing in the Gyeonggi-si R.

G. According to the certificate of sale of land for P land before subdivision and Q land before subdivision, C purchased P land before subdivision and Q land before subdivision from S on May 1, 1917 and completed the registration of ownership transfer in the name of C on May 24, 1917.

H. As to the I land before subdivision, P land before subdivision, Qua land before subdivision, M land before subdivision, and each land described in paragraphs 4 through 7, 9, and 20 to 22 before subdivision, the ownership transfer registration shall be made by designating C, T, U, and V as co-owner on April 21, 1954.