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(영문) 서울중앙지방법원 2015.10.21 2014가단5102848
소유권말소등기
Text

1. The defendant, on May 27, 1996, filed with the plaintiff for the name registry office of Kuwon District Court in relation to the B road B 741 square meters in the name of light.

Reasons

1. Facts of recognition;

A. According to the Gyeonggi-si Forest Survey Division established during the Japanese Occupation Period, D residing in the above C is for six years (1917)

9. It is indicated that the forest E (hereinafter “the mother land of this case”) in Gyeonggi-do was subject to assessment.

B. Thereafter, the mother land of this case became 741 square meters, etc. of the B road B in Gwangju-si (hereinafter “instant land”) following the division, land category change, land size conversion, and change of administrative district.

C. On May 27, 1996, the Defendant completed the registration of preservation of ownership (hereinafter “registration of preservation of ownership of this case”) by No. 23016, which was received by the mining name registry office of the Suwon District Court, with respect to the instant land, and used the instant land as a road.

On the other hand, the instant land was combined with F. F. 2658 square meters on November 3, 2010, and the said F was again divided into F. 127 square meters on January 10, 2013, G. 15 square meters and H. 2516 square meters on the other hand.

E. On September 20, 1959, the plaintiff I died, and his property was inherited to the South-North Korean court, and on March 5, 1985, J also died, and his property was inherited and inherited to the wife Qu, children, the plaintiff, R, and the plaintiff of J who died on August 1, 1982, before the death of the wife K, children L, M, N,O and J.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including each number), the purport of the whole pleadings

2. In full view of the judgment as to the plaintiff's claim, Gap evidence Nos. 4 through 6 (including each number), and the fact-finding results with respect to the broad-name city of this court, the address of Eul was Gyeonggi-si at the time of the fact-finding as to the situation of the mother's land of this case, and as to the whole purport of the pleadings, Eul was residing in the above C at the time when the circumstance of the plaintiff's increase of the mother's land of this case was determined, and Eul and the name of the plaintiff I for the increase of the mother's land of this case can be recognized as the same fact-finding, etc.

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