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(영문) 서울동부지방법원 2015.05.27 2014가합111878
소유권말소등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. According to the Land Survey Division prepared under the Shipbuilding Land Survey Order, it is written that the net C was assessed on October 1, 1913 at approximately 2,514 square meters (hereinafter “D land before division”) before Yangju-gun, Gyeonggi-do.

B. The Plaintiff is a company established on August 30, 1935 by descendants, such as the deceased E’s Australia, F (former name C; hereinafter “C”), to jointly manage and benefit from the E’s property, and the registration of transfer was completed on March 28, 193 with respect to the G No. 2,474 (hereinafter “former G”) divided from D’s land before division (hereinafter “former G land”). After the Plaintiff’s registration of transfer was completed on December 12, 1935, by inheritance, the Plaintiff stated that the registration of transfer was completed on December 12, 1935, by receipt of No. 1066, Dec. 12, 1935, for sale on September 10, 1935.

C. On January 1, 1963, after the official cadastral record on the whole of the lands divided from D before the subdivision was destroyed due to the war on June 25, 1963, the land to be destroyed was restored to the name of the Federation of Forestry Cooperatives in the name of 137 square meters prior to H (hereinafter “H land”) and restored to 2,514 square meters in total in the name of the Federation of Forestry Cooperatives, an incorporated association, the first half of 119 square meters (hereinafter “I land”) was restored to 2,514 square meters in the name of the Federation of Forestry Cooperatives. The cadastral record on the cadastral map drawn up on June 25, 1914 and the land restored on the cadastral map around April 30, 1971 are almost the same.

On the other hand, the registration of initial ownership in the name of the Gyeonggi-do Forestry Cooperatives Federation (hereinafter “instant registration of initial ownership”) was completed on November 28, 1958 by the Government Office Office of the District Court in relation to H land and I land. The Gyeonggi-do Forestry Cooperatives Federation was the defendant on January 20, 1962.

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