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(영문) 서울중앙지방법원 2020.02.12 2019나22936
소유권이전등기
Text

1. Revocation of the first instance judgment.

2. As to each land listed in the separate sheet to the Plaintiff.

Reasons

1. Basic facts

가. 일제강점기에 작성된 토지조사부에는 대정2년(1913년) 11. 15.에, 경기 양주군 F 전 1,219평에 대하여 양주군 B리(B里)에 주소를 둔 C이, G 전 1,712평과 H 답 540평에 대하여는 경성부 중부장통방 D동(京城府 中部長通坊 D洞)에 주소를 둔 E이 각 사정받은 것으로 기재되어 있다.

B. The annexed list 1 land was divided into F. F. 1,219, and the annexed list 2, 3 land was divided into: (a) the annexed list 1,712 and H field 540, after which the administrative district was changed, land category was changed, etc.

C. The distribution farmland register as to each land in the separate sheet states that each land in this case is farmland subject to distribution, and the compensationer is written as K, and the name of the applicant is written as “MaK in Mapo-gu Seoul Metropolitan Government,” and the applicant’s address is written as “MaK in Mapo-gu, Seoul,” according to the application for additional compensation around May 18, 1956, according to the application for additional compensation as of October 18, 1956, the documents such as the “compensation application, the document of approval on the issuance of land price securities, the document of authorization on the issuance of the land price certificate, and the farmland compiled card by Eup/Myeon,” written as “NM in Mapo-gu, Seoul.”

On December 16, 1953, the plaintiff's permanent domicile of the Hembol M, which is the supporting father, was Goyang-gun P (Seoul Metropolitan Government Seodaemun-gu Q, after the change of the administrative district), and died on December 16, 1953, and his head O succeeded to the property independently by his head O. On January 8, 1967, the plaintiff and R, S, T, U,V, and WO jointly succeeded to the property.

E. As to each land listed in the separate sheet, the Defendant completed the registration of initial ownership on February 8, 1960 as the receipt No. 746 of the receipt on February 8, 1960.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 16 (including each number, if any, hereinafter the same shall apply), Eul evidence 1 to 3, and the purport of the whole pleadings

2. The party's assertion and judgment

A. The plaintiff alleged by the parties.

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