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(영문) 서울중앙지방법원 2020.11.12 2019가단5201696
소유권이전등기
Text

1. The Defendant is based on the Plaintiff’s restoration of real name with respect to one-half of the 17 square meters in Gangdong-gu Seoul Metropolitan Government B.

Reasons

1. Facts of recognition;

A. According to the Land Survey Book (Evidence No. 1-2) written on the basis of the Land Survey Order, which was established on the basis of the Land Survey Order, which was the Japanese colonial Rule for Land Circumstances, G with the domicile in the “Ycheon-gun D” on June 9, 1912 (Real Name 45 years), is indicated as being co-owned by G with the domicile in the “Ycheon-gun Dri” and “Ycheon-gun Fri” on June 9, 1912.

B. On March 20, 1953, the land before subdivision and registration of ownership preservation under the name of the Defendant was divided into 36 square meters (119 square meters) and 17 square meters (hereinafter “instant land”) on March 20, 1953, and the land before subdivision was divided into 36 square meters (119 square meters) and 17 square meters (hereinafter “instant land”) in Gangdong-gu Seoul Metropolitan Government according to administrative district, land category change, and land size conversion.

(2) Official cadastral records, registers, etc. as to the land of this case were destroyed by the 625 War, and the old land cadastre (Evidence 1-1) which appears to have been restored immediately after the war was entered in the first owner column and in the next owner column (L, address, K), and L (L, address: Seoul M). The date of each ownership acquisition and the accident column are recorded in the official column.

In addition, the card-type land cadastre(No. 1-2) dated February 2, 1977 was written as L (L and address: Jongno-gu M) only the owner without the date of change and cause of change, and the owner's column was deleted.

3) On July 7, 1994, the Defendant completed the registration of ownership preservation on the instant land following the procedures for the publication of unregistered real estate under Article 8 of the State Property Act. C. Inheritance 1) On February 29, 1914, N, the Plaintiff’s prior owner of the instant land, died on February 29, 1914, and J, the domicile of which was located in “Acheon-gun K” as the head of Australia and the inheritance of the instant land.

2) On December 10, 1959, the J shall succeed to the status of the head of the household and the inheritance of the property of the O, who is the head of the son. However, on October 5, 1950, the O died and died on December 8, 1950, and Q, South west, succeeded to the family and the property of the J. 3) but on March 21, 1969, the Seoul Family Court for Q.

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