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(영문) 서울고등법원 2020.08.21 2020나2004926
소유권이전등기
Text

1. Revocation of the first instance judgment.

2. All plaintiffs' claims are dismissed.

3. Total costs of litigation are assessed against the Plaintiffs.

Reasons

1. Basic facts

A. The land of this case, the parcel number of which was set with respect to the land of this case, was omitted at the time of the land survey project under the Japanese colonial Rule, and the lot number was not set and was not registered in the land survey division, and there was no registration in the register but no register.

On August 14, 2017, after the filing of the lawsuit by the plaintiffs, the defendant assigned a lot number to the land of this case and registered the defendant as the owner in the forestry register.

B. From October 20, 1968, Plaintiff A occupied the land in this case (B) and (c) from October 20, 1968, Plaintiff A occupied two houses on the above land and adjoining land; hereinafter in accordance with the final judgment of the relevant case, part of the said two houses was removed and then now connected each of the points in attached Form 1 drawings No. 3, 21, 22 through 25, 14, 26, 27, 27, 28, 29, 4, and 3. The above houses remaining in the part A (hereinafter referred to as “the instant house”) on the part of 46 square meters in the ship (hereinafter referred to as “the instant house”).

(2) Since September 7, 1974, Plaintiff B occupied the instant land (C) from September 7, 1974, and occupied one house on the said land and its neighboring land; hereinafter in accordance with the final judgment of the relevant case, the part of the said house was removed and then now owned the instant land (hereinafter referred to as “instant (C) housing”) remaining in the part B connected with each of the points of 5,6,12,32, 31, 30, 30, and 5 in sequence, and owned the instant land up to the present date by owning the instant land (C).

C. 1) Once the relevant case was filed, the forest E, 422 square meters of forests and fields (hereinafter “Adjoining land”) indicated in the attached Form 2 drawing

) The upper part of the instant land (attached Form 1) refers to the upper part of the line connecting each point of the said land in the table 1, 2, 3, 4, 5, 6, 7, and 8.

(ii) the F.I.D. owns adjoining land;

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