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(영문) 의정부지방법원 2013.09.26 2012가단49483
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. According to the forest survey report made in the Japanese colonial era, the forest survey report is written as follows: 5 square meters in 1,380 square meters (14,380 square meters per unit after conversion of area; hereinafter “instant assessment land”) in 1913, June 10, 1913 (2 years in 2 years in 1913).

B. On May 27, 1963, Hancheon-gun completed the registration of ownership preservation on the land of this case, and the defendant completed the registration of ownership transfer on April 2, 1983 due to the acquisition by reorganization of administrative district.

C. On June 10, 1993, the assessment land of this case is divided into B forest No. 14,335 square meters and E forest No. 45 square meters. The assessment land of this case is divided into B forest No. 14,335 square meters on December 10, 2008 and F forest No. 246 square meters on December 10, 2008. Ultimately, the assessment land of this case was divided into each real estate listed in the separate sheet (hereinafter “each land of this case”).

The Plaintiff’s father, Chocheon-gun, was living in Gyeonggi-gun G with his permanent domicile on September 4, 1954, and died on September 4, 1954. On February 11, 1979, the adjudication of disappearance was rendered on February 11, 1979, and was deemed deceased on December 31, 1953, and the Plaintiff’s heir of I and son family, the wife of the deceased He jointly inherited the deceased’s property on the joint representation. As I died on October 20, 2010, the Plaintiff inherited the deceased’s property solely by inheritance.

【Ground for Recognition: Facts without dispute, Gap evidence 1-2, Gap evidence 2-4, Gap evidence 5-1 through 3, Gap evidence 6-1 through 3, Gap evidence 7, Gap evidence 8-1, 2, and 14-1 through 3, the purport of the whole pleadings

2. Determination as to the cause of action

A. Each of the instant lands asserted by the Plaintiff is an original acquisition upon the Plaintiff’s prior purchase under the circumstances of D, and registration of preservation of ownership in the name of Socheon-gun as to each of the instant lands and registration of transfer of ownership in the name of the Defendant based thereon is both null and void.

Therefore, the defendant is about each of the above lands to the plaintiff who solely inherited each of the lands of this case.

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