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(영문) 서울중앙지방법원 2020.03.10 2019가단5079240
소유권말소등기
Text

1. The defendant on July 6, 1995 to the plaintiffs, each of the real estate listed in the separate list, with the Suwon District Court Lee-cheon Registry.

Reasons

1. Basic facts

가. 토지조사부의 기재 일제강점기에 작성된 토지조사부에는 경기 이천군 C 전 603평(이하 ‘이 사건 사정토지’라 한다)에 대하여 경성부 북부 D동(京城府 北部 D洞)에 주소를 둔 E이 1912(明治 45년). 2. 12.에 사정받은 것으로 기재되어 있다.

B. (i) The instant assessment land was divided into the instant assessment land and the registration of ownership preservation, etc. (i.e., the instant assessment land was changed to the land category on February 1, 1957, when the cadastral record was in an unclaimed state due to the disaster of 6.25 square meters. On October 12, 1962, the land category was changed as it was divided into three parcels, such as the Gyeonggi-gun, Leecheon-gun (river 92 square meters), G (Guide 740 square meters), and H (Guide 261 square meters).

However, even at this time, the register has not been restored and remains unregistered.

On May 20, 1965, the registration of preservation of ownership was completed in the name of Non-party I for the land G (referring to 740 square meters), and the registration of preservation of ownership was completed in the name of Non-party J pursuant to Act No. 3562 on February 22, 1985 for H land (referring to 261 square meters), but the F (river 992 square meters) land remains unregistered on July 6, 1995, and the registration of preservation of ownership was completed in the name of the defendant under the name of the non-party J. 17480.

Article 2(1) of the Civil Act provides that “The land of the above F (92 square meters in a river)” shall be divided into three parcels, i.e., F (379 square meters in the preceding 379 square meters, the real estate in paragraph (1) of the attached Table), K (573 square meters in a river, the real estate in paragraph (2) of the attached Table), L (40 square meters in the preceding 40 square meters, and the real estate in paragraph (3) of the attached Table) through the change of land category ( May 12, 201).

(hereinafter referred to as the above three lots of land is classified into N, a local second-class river site through the Gyeonggi-do public notice M on January 31, 2006. The real estate stated in Paragraph (2) of the attached Table 2 (hereinafter referred to as the “instant river”).

C. The plaintiff's co-hesion P, the assistant of the plaintiff's co-hesion on the plaintiff's property, is an area where the plaintiff's co-hesion P, the assistant of the plaintiff's co-hesion, was located in U.S. of the Hansung division when setting up five parts of the Hansung P, the 5th of Taesung (1396), the 1st of April.

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