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(영문) 서울중앙지방법원 2020.01.09 2017가단5055981
소유권말소등기
Text

1. The defendant connects the plaintiff with the attached appraisal map Nos. 1, 2, 6, 7, and 1 in order among the land size No. 53 square meters on the road B in Namyang-si.

Reasons

1. The facts of recognition are stated as follows: (a) In the land research division drafted under the Joseon Land Investigation Order during the Japanese occupation period, D is written as being subject to the assessment on October 1, 1913, the Gyeonggi Yang-gun E Co., Ltd. (hereinafter “instant assessment land”).

② On August 3, 1937, F, the Plaintiff, died without her child, succeeded to the property under the former Civil Act by male and female G, and children, including the Plaintiff, succeeded to the property after G death.

③ On February 12, 1958, the cadastral record on the land of the instant situation was destroyed by war, and restored to the roads of Gyeonggi-gun C (hereinafter “instant roads”) and H roads. The said H roads were divided into B on December 20, 1960 (hereinafter “instant B roads”) and I on August 21, 1999, and during the process of division, the land category was changed to all.

(4) With respect to the above H and I land, the registration of preservation of ownership was completed on December 16, 1995. As to the instant road as the receipt of No. 61617 on December 27, 1971, and as to the instant road as the receipt of No. 41816 on July 3, 1997, the registration of preservation of ownership was completed under the name of the Defendant as to the instant road C and the instant road as the receipt of No. 41816 on July 3, 197.

⑤ According to the Joseon Road Order (Ordinance No. 15 of April 4, 1938) and its Enforcement Rule (Ordinance No. 126 of the Ministry of Government Administration and Home Affairs of June 10, 1938), the national highway route was designated by Joseon General, and the Governor of the Gyeonggi-do, but the local highway route was designated by the Governor, pursuant to Article 14(1) of the Joseon Road Decree, the route of the local highway J-ray that connects the Government with Geum-do around December 1, 1938 was designated. At the time each of the roads of this case was included in the site of the local highway J-ray that passed after the K.

At the time of recognition and public notice of local highway J Line, the Joseon Road Order and its Enforcement Rules included the costs of purchase of land and compensation for road expenses.

Article 42 of the Joseon Road Decree, Article 48 (1) 4 of the Enforcement Rule thereof, and each of the roads of this case is newly constructed or changed.

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