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(영문) 의정부지방법원 2014.10.28 2014가단103794
소유권이전등기
Text

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

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

Reasons

1. Basic facts

A. According to the Ministry of Land Survey (Evidence No. 2) of Gyeonggicheon-gun D, the land of this case is deemed to have been assessed by E, and according to its land cadastre (Evidence No. 1), the land of this case was registered as owned by the Plaintiff on the ground of its owner’s report on March 29, 1963, when restoring its land cadastre destroyed due to a disaster of June 25, 1963.

B. Meanwhile, as of June 29, 1918, E, a person under the circumstances, died on the deceased on June 29, 191, and, upon the death of F on February 10, 1967, F, who was jointly inherited by G, H, and I, his children. On April 12, 1986, after the death of G, J (Death of July 13, 2013), K, L, M (Death of February 3, 2002), and B (Defendant) jointly inherited, Defendant B was the sole heir of the instant land following an agreement on the division of inherited property by the heirs who were surviving.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 5, 6, 25 (including each number; hereinafter the same shall apply), Eul evidence No. 1, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The summary of the plaintiff's assertion 1) The land of this case was owned by N, the father of the defendant Eul, around December 1935, and was inherited to the plaintiff's father on February 8, 1949. The plaintiff succeeded to the plaintiff's father on December 23, 194. On March 29, 1963, the plaintiff was restored to the plaintiff's land and was not recognized as the owner under the intellectual law. Thus, the plaintiff did not make a registration of preservation of ownership in the plaintiff's name under the premise that the plaintiff succeeded to the buyer's status of the land of this case against the defendant Eul, the heir of E, the title of the plaintiff, was the owner of the land of this case.

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