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(영문) 서울중앙지방법원 2013.07.10 2011가단307166
소유권이전등기말소 등
Text

1. The plaintiffs' lawsuits against defendant E are dismissed.

2. The defendant Republic of Korea shall list the plaintiffs' real estate in attached Form.

Reasons

1. Basic facts

A. The land survey division according to the Land Survey Order in the Japanese Occupation Period is written by the G 1,523 square meters prior to G of Gyeonggi-gun F (hereinafter “F”) as owned by H.

B. On November 15, 1957, G 1,523 square meters was divided into 1,280 square meters and 243 square meters prior to J on November 15, 1957. Of these, I,280 square meters prior to G was divided into 1,570 square meters prior to I,570 square meters (475 square meters) and 2,661 square meters (805 square meters) of K forest and 2,661 square meters. Of these, on December 30, 1986, K forest and 2,661 square meters were divided into 2,204 square meters of land, L road and 45 square meters of land, and 2,204 square meters of land among them, and the real estate list was divided into 1,203 square meters of real estate (hereinafter “real estate list”) and 2,204 square meters of land following a change of administrative district.

C. L. 45 square meters and M. 412 square meters of a road were combined with N andO on October 23, 1991, and P road 3,709 square meters of a P road, which was combined with N andO, was re-merged with J and Q, subject to change of the name of the administrative district into R and thus, the third real estate listed in the attached real estate list (hereinafter “third real estate of this case”).

With respect to the real estate No. 1 of this case, the Suwon District Court Sung-nam Branch Office of 151 received on January 9, 1981, the registration of ownership transfer under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094, Dec. 31, 197; hereinafter “Special Measures Act”) was completed, and the registration of ownership transfer under the name of the defendant Eul was completed on August 29, 2007 as the receipt of No. 52331, Aug. 20, 2007, and the registration of ownership transfer was completed on August 20, 2007 under the name of the Republic of Korea.

E. As to the second real estate of this case, the registration of preservation of ownership in the name of defendant E has been completed under the Act on Special Measures for the Development of Special Measures against the Act No. 151 of January 9, 1981, Suwon District Court, Sung-nam Branch of Gwangju District Court, the Sung-nam Branch of the Gwangju District Court, and then the registration of preservation of ownership has been completed under the name of defendant E as of December 29, 2006, No. 8510

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