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(영문) 서울중앙지방법원 2018.07.02 2017가단5113764
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

가. 일제강점기에 작성된 토지조사부에 의하면, 원주군 C 전 411평(≒ 1,359㎡), D 답 523평(≒ 1,729㎡), E 전 1,386평(≒ 4,582㎡, 이하 ‘이 사건 각 사정 토지’라 하고 ‘지번 사정 토지’로 특정한다)에 관하여 F(F, 이하 ‘이 사건 사정명의인’이라 한다)이 사정받은 사실이 기재되어 있다.

B. C The assessment land became the land indicated in paragraph (1) of the attached Table No. 1 (hereinafter referred to as “each of the instant land”, and the land indicated in the attached Table No. 1) through the change, etc. in administrative district, and on March 20, 1986, the registration of preservation of ownership in the name of the Defendant Republic of Korea was completed on August 29, 1985 with respect to the above land, and the registration of preservation of ownership in the name of the original military on August 29, 195.

E The E-assessment land also became the land indicated in paragraph 5 of the list through the change of administrative district, and the registration of ownership preservation in the name of the deceased G was completed on June 5, 1965.

C. On July 29, 1996, H 860 square meters from the land of D assessment was divided into an agricultural-based maintenance project.

After the above division, D’s land became the land indicated in the list No. 2, and the registration of ownership transfer was completed on May 22, 2009 in the name of Defendant Won-si.

On the other hand, when an approved substitute lot was made on June 14, 1995 with respect to the above H land and its neighboring land, the I land was replaced by J land, and a new lot number was set for the K ditch land 978m2.8m2.

For this reason, the above H land was part of J land and K land, and the L land was divided from the above J land on May 1, 2009, and the location of H land is the part as stated in paragraph (1) (b) and paragraph (3) (b) of the claim.

On July 29, 1996, the registration of ownership transfer in the name of the defendant Republic of Korea was completed on January 21, 2010 on the K land, and the registration of ownership transfer in the name of the defendant Gangwon-do.

E. The deceased G died on August 10, 1989.

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