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(영문) 의정부지방법원 2020.09.01 2020나200772
소유권확인
Text

The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

purport.

Reasons

1. Facts of recognition;

A. On May 7, 1981, a 12,989 square meters of B ditch B before subdivision was owned by the Defendant pursuant to Article 127 of the former Agricultural Community Modernization Promotion Act (amended by Act No. 5077 of Dec. 29, 1995) and a disposition of replotting was approved and publicly notified ( Gyeonggi-do Public Notice L). The registration of preservation of ownership was completed in the future of the Defendant on February 7, 1994, under Article 7090 of the receipt of the Soyang Branch District Court and the Soyang Branch Branch and the Goyang Branch and the High Registry for the Defendant.

(F) On October 5, 2016, the area was finally adjusted to 8,864 square meters, following the subdivision, revision, etc. on several occasions, and the area was finally adjusted to 8,864 square meters; hereinafter referred to as “instant ditch”). (B) B>

Of the ditches of this case, the ownership transfer registration was completed on July 12, 1985 with respect to the I 848 square meters (hereinafter “the instant land adjoining to the instant land”) owned by Nonparty H adjacent to the non-party 137 square meters (hereinafter “the instant land”) of the part under item (a) of the attached section No. 19,20, 21, 22, 23, 24, and 19 connected each point in order of the attached section No. 19, 20, 21, 23, 24, and 19 among the ditches of this case. The ownership transfer registration was completed on July 12, 1985 on the following grounds: D 360 square meters, E, 566 square meters, F 21 square meters (the lower part of the instant land indicated in the attached section No. 1; hereinafter “the ownership transfer registration was completed on March 10, 1965.

C. The land adjacent to the instant upper part, the lower part of which was located between the instant land, and the lower part of the instant lower part, and the ditches of this case were the land subject to a replotting disposition pursuant to the former Agricultural Community Modernization Promotion Act after completing the land rearrangement work under the same Act. On the aerial photography taken around November 28, 1981 and December 11, 1984 and February 21, 1986, the instant land maintains the last part of the instant ditches. The land surrounding the instant ditches, including the instant land, maintained the boundaries that seem to be contrary to the opposite, while on the aerial photography taken on January 31, 1987, the instant land and the adjoining part of the instant upper part, and the instant land.

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