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(영문) 서울중앙지방법원 2016.08.24 2015가합576561
소유권보존등기말소등기 절차이행 청구 등
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. According to the Land Survey Division of the Gyeonggi-gun C Group, which was prepared during the Japanese Occupation Period, the Ministry of Land, Infrastructure and Transport stated on November 25, 1914 that the F, who had the address in both Yangju-gun D, 9,466 square meters (hereinafter “instant assessment land”) was the owner of the land, and that the F, who was in the address in E, was the owner.

B. Meanwhile, the developments leading up to the division of each real estate listed in the separate sheet (hereinafter “instant real estate 1 to 13”) are as follows.

On October 16, 1986, G railway site of 2,440 square meters J railway site of 11,191 square meters and 739 square meters J railway site of 139 square meters and J railway site of 638 square meters, which was divided and merged, on October 16, 1986, J railway site of 11,191 square meters and J railway site of 4,946 square meters and J railway site of 2,638 square meters and 6,406 square meters on March 7, 208, the instant land of 16,40 square meters on January 20, 201, and the instant forest land of 138 square meters and 6,406 square meters on March 7, 208; the instant forest land of this case of 15,000 square meters on March 1, 207, the instant forest land of 197, the instant forest land of 15,538 square meters on March 1, 20137.

C. On November 11, 1972 with respect to the land of this case 1, 3, 4, 9 through 13, the registration of preservation of ownership in the name of the defendant was completed on June 3, 1996 as to the land of this case 2, 5, and 8.

On June 1, 1932, P, as the plaintiffs, died on June 1, 193, Q, Q, Q, died on February 16, 1948 and succeeded to the property of Q, South, South, South, and R, as the children of R, and died on July 5, 1972, finally succeeded to the property of P.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 23 (including the number of each branch; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The gist of the plaintiffs' assertion is the situation of land in this case.

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