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(영문) 의정부지방법원 2020.09.17 2019가단139538
소유권이전등기
Text

The defendant is based on the restoration of real name with respect to each of 1/4 shares out of 255 square meters in Nam-si, Namyang-si.

Reasons

1. Basic facts

A. The 531th Gyeonggi-gun, the F.M. 531 letter was written as “G” on the lot number side set out in the cadastral source map drawn up in the course of the land survey conducted during the Japanese occupation period, and H 1,560 letter was circumstances to “G” on November 20, 1913.

B. However, each of the above lands was destroyed at the time of the Korean War, and the cadastral record was destroyed at the time of the Korean War. On August 30, 1967, the F Return No. 531 was the land of this case, following the process of land category change, administrative district change, area conversion, etc., and the land category No. 1,560 was the land of this case. The above H Return No. 1,560 was restored to the first, 1,285, J JNoh 198, E Order No. 77, and the E return No. 77 was the land of this case, following the process of administrative district change, area conversion, etc.

C. On May 10, 1996, the Defendant completed the first registration of initial ownership relating to the land No. 1 stated in the conjunctive claim as to the land No. 1, and completed the second registration of initial ownership on October 28, 1994 as to the land No. 2.

On the other hand, the plaintiffs died on July 11, 1945, and succeeded to the property of son, a family heir, L, a son, the head of family heir, died on January 17, 1957, and succeeded to his/her property. M also died on January 31, 2002, and the plaintiffs, who are children, jointly inherited their property according to their statutory shares of inheritance.

[Ground of recognition] Facts without dispute, Gap's entries in Gap's 1 to 7 and 11 to 14 (including branch numbers, hereinafter the same) and the purport of the whole pleadings

2. Determination on the plaintiffs' claims

A. The gist of the plaintiffs' assertion is that each of the lands of this case is the land for which the plaintiffs ultimately inherited one-fourth shares of each of the 1/4 shares after K, which is the evidence supporting the plaintiffs' increase. Therefore, each of the lands of this case, which was completed in the name of the defendant, is null and void. Accordingly, the defendant's each of the lands of this case is about one-fourth shares of each of the lands of this case.

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