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(영문) 의정부지방법원 고양지원 2018.07.11 2017가단88776
소유권말소등기
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

가. 일제 강점기에 작성된 토지조사부에는 파주군 G 답 1,514평, H 답 1,741평의 토지는 “경성부 남부 I(京城府 南部 I)”에 주소를 두고 있던 J이 사정받은 것으로 기재되어 있다.

B. Since then, the cadastral recovery and division process with respect to each of the above lands were as listed below, and thereafter became land Nos. 1 and 2 of this case following the procedure of administrative district change, area conversion, etc.

on February 1, 1957 - - - - - 26 square meters on the road - - - - 39 square meters - - - 39 square meters - - - 39 square meters - - - - 36 square meters - - - - 36 square meters - - - - 38 - - - - 38 - - - - - on August 1, 1961 on August 10, 197 of the Cadastral Restoration on August 10, 1974, as of July 10, 1974, and for cadastral restoration - 1,514, as of February 12, 207, as of February 12, 2007, 1974;

C. On November 8, 1930, S, whose permanent domicile is in Jung-gu, Seoul, has died, and C independently succeeded to the family registry and the inheritance of property. On January 8, 194, T died, and on January 8, 194, U independently succeeded to the family registry and the inheritance of property. U died on February 20, 1992, on the death of U (C) and on February 20, 1992, W jointly succeeded to the property in proportion to 1/4 shares of each of 1/4.

The defendant completed the registration of preservation of ownership in the name of the defendant as stated in the claim regarding the land Nos. 1 and 2 of this case.

E. Plaintiff A and B filed a lawsuit (Seoul Central District Court 201Gadan352357) with respect to one-fourth share of each one-fourth share of each of the registrations of initial ownership that was completed on June 4, 1996 by Goyang-si District Court of the Republic of Korea (Seoul Central District Court 201Gadan352357) and lost the lawsuit, but they filed an appeal (Seoul Central District Court 2012Na45954) and the final appeal (Supreme Court 2013Da20229). However, the appeal and the final appeal were dismissed.

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