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(영문) 수원지방법원 2017.05.10 2015가단143542
소유권보존등기말소 등 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On October 28, 1915 (No. 28 October 28, 1915), the 6-1st 1st 1st f forest in the Gyeongsung-gun (hereinafter “instant land”). G was subject to the assessment on October 28, 1915.

B. Around October 20, 1961, the land before the instant subdivision was divided into six parcels, such as H or I, of Masung-gun, and among which the land at issue was converted into the area of J 52,561 square meters on October 11, 198 and was divided into eight parcels, such as Masung-gun J or K.

C. The Plaintiff B died on April 18, 1950, and M, his South-North M, inherited his property, but died on January 28, 1976 and jointly succeeded to the property by N,O, P, and Q, their children, and N died on December 8, 1987 and became co-inheritors, the Plaintiff B, C, and D, their wife, and their children.

On December 7, 1983, the Defendant completed registration of preservation of ownership as to E forest land of 105 square meters (hereinafter referred to as “instant land”) in the fireproof city divided from the land prior to the instant partition.

E. Meanwhile, on the national forest ledger, the “R” is indicated in the column of the former owner of the land prior to the instant subdivision.

[Grounds for Recognition] Facts without dispute, Gap 1-5, Eul 1 and two (including each number), the purport of the whole pleadings

2. The gist of both claims is that the land of this case was divided into the land before the division of this case, in which the deceased L, the fleet of which was the plaintiffs, around 1920, and the plaintiffs jointly inherited the land of this case as L's co-inheritors. The plaintiffs asserted that, concerning the land of this case, they sought the cancellation of the registration of preservation of ownership in the defendant's name, which was completed as the receipt No. 32425 on December 7, 1983 by the Suwon District Court Seosung Branch Office of 32425, which was completed on December 7, 1983, and there is no evidence that the defendant is the same person, who is the name of G, the situation of the land before the division of this case, and was already disposed of to Japan during the Japanese colonial period, and thereafter

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