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(영문) 서울중앙지방법원 2019.01.17 2018가단5169245

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. During the Japanese occupation period, the land investigation division prepared by the Land Survey Bureau in the Japanese occupation period, the land investigation division in the Japanese occupation period is indicated by the Gyeonggi-do Pyeongtaek-si Cdong (former lot number: Dho-gun, Gyeonggi-do, Authenticity-gun), E, 839 square meters (hereinafter “instant assessment land”) on August 15, 191 by the deceased F, who was assessed on August 15, 191.

B. The above F died on Jan. 23, 1943, and died on Apr. 29, 1920, 1920, which was son of G, the head of G, solely inherited the F’s property at the same time as the family inheritance. He died on Jan. 1, 1951, and on Oct. 18, 198, died on Oct. 18, 198, 198. The agreement on the division of inherited property was reached between the Plaintiff, Nonparty J, K,L, M, and N, to solely inherit the property of H.

C. On June 20, 1921, F, the land circumstances of this case, completed the registration of ownership preservation, and on this basis, on January 4, 1929, the said H had the registration of ownership transfer under the name of F, its grandchildren.

At the time, Japan's name after H's name was O and its name was stated in the registry. D.

On the other hand, on July 9, 1945, the assessment land of this case was divided into the land of 36 square meters in the Gyeonggi-do Pest 36 square meters (hereinafter “instant land”) and the remaining 803 square meters, and the land category of this case was changed to a road on the same day.

E. Since January 1, 1951, the death date of H, the Defendant announced the instant land to Pyeongtaek-si public notice Q as of August 27, 1993 and completed the registration of ownership preservation on January 4, 2007 by the Defendant, who did not report the right within the period of public notice.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 through 6 evidence (including evidence with a serial number; hereinafter the same shall apply) and the purport of whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion of the parties is divided from the land of this case where H, the grandchildren of which were transferred under the circumstances of F, F, the Plaintiff’s fleet.