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(영문) 의정부지방법원 2018.10.12 2017가단101188
소유권말소등기
Text

1. The defendant seems to be a clearly clerical error that "the plaintiff is missing" in the purport of the complaint.

Reasons

1. Basic facts

A. The land survey book prepared during the Japanese occupation point period is written to D (D; hereinafter “C”) with the address of 93 in Yangju-gun B prior to the Japanese occupation point period, which is written to D (hereinafter “C”) with the address of 93 in C.

B. On June 25, 1965, the preceding B 93 was divided into 287 square meters and 706 square meters in Namyang-gun E, Namyang-gun, and thereafter, the preceding E was the real estate listed in the separate sheet (hereinafter “instant land”) following the conversion of the area and the change of administrative districts.

C. After making a public notice of non-real estate, the Defendant completed the registration of preservation of ownership on the land of this case by Law No. 54150, Oct. 28, 1994.

The non-party G died on December 30, 1925, and the non-party H succeeded to the property.

The above H died on August 29, 1962, and Nonparty I is his own child.

The above I died on October 4, 1971, and Nonparty J, one of his children, died.

6. 25. The person was missing in the war and recently declared missing, and the non-party K shall be the children of the above J.

On November 18, 1999, the above K died, and the plaintiff is his own child.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 11 (including additional number), the purport of the whole pleadings

2. The assertion and judgment

A. In full view of the statements in Gap evidence Nos. 3, 4, and 9, the Southyang-ju market of this court, the fact-finding results against the President of the National Archives of this Court, and the overall purport of arguments, the assessment titleholder of the land in this case and the plaintiff's preference G may be recognized as the same person

B. The title holder of land under the former Decree on Land Survey (Ordinance No. 2, Aug. 13, 1912, 1912) is the original acquisition of the pertinent land. Thus, if the land survey division was established and circumstances were made to the entire group, the title holder or his/her heir becomes the owner of the relevant land. Therefore, even if the State treated it as unregistered real estate and completed registration as State-owned property through the procedures under the State Property Act and subordinate statutes, it does not belong to the State.

In addition, land.

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