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(영문) 서울중앙지방법원 2021.02.09 2019가단5313261
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The land research book prepared under the Decree on the Investigation of Land in the Japanese Occupation Period is written in the land research book of the Gyeonggi-do, Ansan-gun B prior to the division (hereinafter “one land prior to the division”) and the C preceding 554 square meters prior to the division (hereinafter “second land prior to the division”) by E (E) having the domicile in Suwon-gun D, respectively.

B. The land before the instant partition was divided into 19 F.F. 30 November 30, 1954 and 15 G road, each of which was divided into 19 square meters, and 15 square meters, and the land (F. hereinafter “instant land”) and 2 square meters (G. hereinafter “instant land”).

(c)

In addition, the two lands before the division of this case were divided into H 20 square meters on November 30, 1954 and H 20 square meters on roads I 7, and each land was divided into 3 land (H; hereinafter “the three lands of this case”) and 4 land (I; hereinafter “the four lands of this case”) listed in the separate list of real estate through conversion of area into unit.

(d)

With respect to the land of this case, the ownership of the land of this case was completed on the ground of land expropriation in the name of the Gyeonggi-do under the name of Suwon District Court No. 34667, August 8, 2019.

With respect to the land of this case 2, the registration for the preservation of ownership was completed in the name of the defendant as of December 27, 1996 by the same registry office No. 36417.

With respect to the land of this case 3, the registration for the preservation of ownership was completed in the name of the defendant as of December 27, 1996 by the same registry office No. 36417.

With respect to the land of this case 4, the registration for the preservation of ownership was completed in the name of the defendant as of December 27, 1996 by the same registry office No. 36417.

E. On September 22, 1919, the Plaintiff’s ShipJ (J) died, and on September 22, 1919, K-W’s property was inherited by 1/2 shares of her husband and her husband and wife, who did not leave the sea.

On June 23, 1980, K deceased on June 23, 1980, M 1/29 shares, N 6/29 shares,O, P, Q, R respective shares, 4/29 shares, and 6/29 shares, each of which is the spouse.

M shall be deceased on September 2, 2007 and shall also be deceased on February 2, 2013.

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