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(영문) 의정부지방법원 2015.07.17 2014나53081
소유권보존등기말소 등
Text

1. Revocation of a judgment of the first instance;

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

3. The total cost of the lawsuit.

Reasons

1. Basic facts

A. G (Death on February 4, 1915) was a land survey project conducted in the Japanese colonial era, and was assessed against the GF 7,646 square meters (hereinafter “instant land before the instant subdivision”).

B. On December 30, 1961, the land before the instant subdivision was divided into H 947 square meters, I 1,054 square meters, J 606 square meters, K 204 square meters, L 143 square meters, M 693 square meters, N 672 square meters, P 530 square meters, Q 1,023, Q 618 square meters, R 370 square meters, S 284 square meters, T 302 square meters, and U 200 square meters.

Since then, on June 5, 1968, the land category was changed from "the answer" to "the road" on June 1, 1968, and on October 1, 1991, the Dong-do Yangju-gun in Jung-do, Dong-do, Dong-do, Dong-si, Dong-si, the government city in 1963, and on May 8, 1964, the "Ordinance on the Name and District of Gu-si" was implemented, and the name of the administrative district was changed to "Gu-si AJ in the Government city."

It was divided into a road 798 square meters (hereinafter “instant land”) and a V road 200 square meters.

C. Korea completed the registration of initial ownership on the instant land as the receipt No. 1950 on February 28, 1962 by the Government Registry of the District Court of the Republic of Korea with respect to the instant land.

Since then, Defendant B, C, and D, the heir of G, filed a lawsuit against the Republic of Korea for cancellation of registration of initial ownership by the Seoul Central District Court 2005Da21447, and won the lawsuit against the Republic of Korea, and completed registration of initial ownership (hereinafter “each of the instant registrations”) with respect to the shares of 52/143, Defendant B, and Defendant C with respect to the shares of 78/143, and Defendant D with respect to the shares of 13/143, respectively, by the Government Registry of the District Court of the 18216, respectively, on February 25, 2009.

As to the 37/143 shares of Defendant B’s above co-ownership on March 23, 201, the above registry office’s receipt No. 25264, and as to the remaining co-ownership shares of Defendant B on March 26, 2012, Defendant B’s receipt of the same registry office’s receipt of the same registry office, and each registration of ownership transfer on the ground of a consultation on public land under Article 26487.

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