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(영문) 서울고등법원 2017.03.30 2016나2083021
지분소유권이전등기
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On the land survey division prepared during the Japanese occupation period between the land situation and the registration of preservation of ownership in the Defendant’s name, etc., the land survey division of the Gyeonggi Yang-gun Co., Ltd. 2,233 (hereinafter “instant assessment land”).

) Eul is recorded as "large 2 years" in the land survey division of 1913 (large 2 years in the land survey division), and this is the Japanese heading, which is the period of large 2 years from July 30, 1912 to December 25, 1926, so it shall be the year as a clerk if 1911 is added in the year of large 191.

(ii)The land of this case was divided into 876 square meters, G 36 square meters, H 1,021 square meters, and the cadastral record and the registry were destroyed by a war of 6.25 war.

3) Before the amendment of the Cadastral Act on December 31, 1975, 1975, 20: (a) 876 square meters in the land of this case in the name of △△△△ Group F, 1,021 square meters in the name of Japan, Japan, and 336 square meters in the G field of △△△△ Group (hereinafter “the mother land of this case”).

[4] The Defendant’s cadastral record was restored under the name of the Defendant. 4) The Defendant treated the mother land of this case (the parcel number was changed to the Seoul Dongdaemun-gu J) as non-real estate, and completed the registration of preservation of ownership in the name of the Defendant by the Seoul Northern District Court’s receipt No. 54317, Aug. 8, 1980 pursuant to the relevant State Property Act and subordinate statutes.

5) After that, on August 7, 1981, K-7 square meters in Jung-gu Seoul Metropolitan Government, and B-136 square meters in size around January 20, 1990 (hereinafter “instant land”).

6) The land category of the instant case was changed to “road” on February 28, 2007.

B. The Plaintiff’s inheritance relationship 1) L died on November 16, 1945, and M (the principal’s child) solely succeeded to L’s property. 2) M died on April 6, 1949, and N (the principal’s child) solely succeeded to M’s property.

3) The N died on November 15, 2012, and the Plaintiff,O, and P, who are their children, jointly inherited the N’s property 1/3 shares. [Grounds for recognition] The fact that there is no dispute, and Gap evidence 1 through 9 (Additional Number).

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