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(영문) 서울중앙지방법원 2017.06.12 2016나70132
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On April 5, 1914, 1914, Gyeonggi-gu Gap 646 (hereinafter “instant land before the instant partition”) was assessed against C.

B. C A died on September 21, 1917, and G, the male head of which, in addition to the family inheritance, succeeded to the property independently.

G dead on October 28, 1950. At the time of the death, the bereaved family members of G succeeded to the property independently with the family inheritance by wife H and her married couple I. H died in 1987 and I inherited the property independently.

I died on January 2, 2015, and there are J, K, and the plaintiff as his child.

C. The land before the instant partition was divided into the land listed in paragraph (1) of the attached Table No. 1 (hereinafter referred to as “land No. 1”) and the land listed in paragraph (2) of the attached Table No. 2 (hereinafter referred to as “No. 2”), and the land cadastre as to each of the instant land was restored on November 15, 1965.

On the other hand, the registration of the restoration of ownership transfer was completed in the name of E on January 16, 1954, while the registration of the restoration of ownership transfer was completed in the name of F on March 12, 1954, and the registration of the restoration of ownership transfer was completed in the name of F on March 12, 1954.

E. After that, the defendant completed the registration of ownership transfer under the name of the defendant on January 13, 1975 with respect to land No. 1 under the name of E on February 22, 1975, and completed the registration of ownership transfer under the name of the defendant on the grounds of sale on January 13, 1975.

[Ground of recognition] Facts without dispute; Gap evidence Nos. 1, 2, 3, 5, 6, 8, 9, 14; Eul evidence Nos. 1, 2, 3, 4, 5, 7 (including paper numbers); the fact inquiry results with respect to the head of Pyeongtaek-gun of this court; the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The plaintiff's assertion 1

6. The Chief Justice of the Supreme Court, Oct. 15, 1952, as the Plaintiff’s prior section 25 had both the registry and the cadastral record concerning the land prior to the instant subdivision, which was assessed by the Plaintiff’s prior section C, was lost.

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