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(영문) 서울중앙지방법원 2015.12.03 2014가단5336894
소유권말소등기
Text

1. As to each land listed in the attached Table 1’s Schedule to the Plaintiff, the Defendant shall be listed in the attached Table 2.

Reasons

1. Facts of recognition;

A. According to the Land Survey Book drawn up during the Japanese Occupation Period, C, which had a domicile in the same Ri, was 44 years in Japan, where C, which had a domicile in the same Ri (hereinafter “instant assessment land”).

8.12. It shall be written in the manner of assessment;

B. The instant assessment land was divided into D and E on May 8, 1957, and D land was divided into each land listed in the [Attachment 1 Real Estate List (hereinafter “each of the instant land”) on June 29, 2015 after the land category was changed to a site. The register and cadastral record on the instant assessment land were destroyed by 625 pages.

C. The Plaintiff’s prior buyer F had his permanent domicile in Seongbuk-gu Seoul, but died on July 18, 1966, and Ha was inherited property by H, but H was deemed dead on January 18, 1968 due to the expiration of the adjudication period for disappearance, and his wife, I, K, L, M, N,O, and Plaintiff A jointly succeeded to his property.

Each of the lands of this case was registered as the Suwon District Court's Seosung Registry No. 4336 of August 5, 1958, and the registration of ownership preservation in the name of the defendant was completed.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4, 5 (including branch numbers; hereinafter the same shall apply), Gap evidence Nos. 8, and the purport of the whole pleadings

2. Determination as to the cause of claim

A. Comprehensively taking into account the Plaintiff’s prior judgment on the identity of the title holder and the title holder of the situation, the facts of recognition as seen earlier, Eul’s evidence Nos. 1 through 3, and the head of Jongno-gu Office of this Court, and the head of the fact-finding inquiry report on PP, the fact that C and F’s name, the title holder of the circumstance of this case, are identical to each other, at the time of the circumstance, the address of the title holder C and the Plaintiff’s prior domicile, Seongbuk-gu Seoul Seongbuk-gu, on December 13, 1947, were destroyed due to fire, and thus the family register was re-scheduled on January 1, 1949. As to the land of this case, the fact-finding was reported pursuant to the Farmland Reform Act on August 16, 1951.

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