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(영문) 서울중앙지방법원 2017.06.01 2016가합536973
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. According to the land survey division prepared during the Japanese occupation point period, the land survey division written out in the Japanese occupation point period is written by E, who is located in the Gyeonggi Yang-gun Co., Ltd. (hereinafter “instant assessment land”) on October 18, 1913 (Seoul 2 years in 1913).

On January 1, 1988, the name of the administrative district was finally changed to the "Seoul Special Metropolitan City Nowon-gu Dong" after several changes in the administrative district.

B. The land of this case for cadastral restoration was destroyed due to the 625 Incident, and the relevant registry and cadastral record were destroyed due to the destruction of the land of this case. On February 12, 1958, the land of this case was partitioned into H land and I railway site No. 168 square meters (hereinafter “instant previous land”). The land was registered as the owner of the land of this case at the time J was entered into the land cadastre of this case.

C. On July 10, 1986, the Defendant, including registration of ownership preservation, division, and merger, completed registration of ownership preservation (hereinafter “registration of ownership preservation”) in the name of the Defendant (National Railroad Authority) on the previous land in accordance with the procedures for publication of unregistered real estate under Article 8 of the State Property Act.

After that, on July 10, 1986, the previous land of this case was divided into 436 square meters for the railway site B and 119 square meters for the railway site B (on March 30, 1979, the previous land was subdivided as above) and 436 square meters for the said B railway site following the division was 9,818 square meters for the land of 29 square meters, including 198 square meters for the railway site on June 28, 1988. The previous land of this case was 9,818 square meters for the railway site of this case, and the previous land of this case was 11,060 square meters for the railway site of this case (hereinafter “land after the annexation”). On September 3, 2001, the new land of this case was combined with nine lots, including 119 square meters for the railway site of this case, and it was 11,060 square meters for the B railway site of this case.

The location of the previous land, among the land after the merger of this case, is 55 square meters in the ship (A) which connects each point of the attached drawing Nos. 1, 2, 3, 4, 5, 6, and 1 in sequence.

On the other hand, on December 16, 1881, the plaintiff's deceased Ma was born to N, the plaintiff's deceased Ma.

M is the original white part of O (O, i.e. N).

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