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(영문) 서울중앙지방법원 2019.04.10 2018나55298
소유권말소등기
Text

1. Revocation of the first instance judgment.

2. The defendant is the District Court of Jungcheon-si with respect to the plaintiff 125m2 prior to Macheon-si.

Reasons

1. Facts of recognition;

A. The Plaintiff’s pre-paid net C (C and N) resided in the Gyeonggi-do Macheon-gunO, the legal domicile of which is the Plaintiff, E, F and G, and died on September 24, 200.

B. The approximately 1,458 square meters before H was assessed against G during the Japanese colonial era, and the said land was divided into KRW 1,243 square meters (4,109 square meters) and KRW 215 square meters (71 square meters; hereinafter “the land before the instant subdivision”).

C. As to the land before the division of this case, the registration of ownership preservation in the name of the defendant was completed on October 26, 1995 as received on October 26, 1995.

On April 12, 2017, the instant land prior to the instant partition was divided into 586 square meters and B, 125 square meters prior to K on April 12, 2017 (hereinafter “instant land”). D.

In the farmland repayment ledger prepared in the year 1950, the land before the division of this case is stated to be distributed to M with the address in Ma in Macheon-gun Lri, and the distributed farmland ledger is stated to be distributed to M at 258 square meters before K in Pocheon-si, and even in the farmland complaint in the land ledger in the land ledger in the land ledger in the land ledger in the land ledger in the land registry register in the grade of 258 to 215, M is stated to have been distributed.

The term "the details of repayment" in the above repayment ledger means that the total amount of redemption shall be 55 Ma Mana, etc. and the total amount of redemption shall be collected from 1952 to 1958.

[Ground of recognition] In the absence of dispute, Gap evidence 1 through 4 (including paper numbers), Gap evidence 5-2, Gap evidence 6, Gap evidence 7, and the fact-finding for the time of Macheon City of this Court, the purport of the whole pleadings as a result of the fact-finding inquiry

2. Judgment on the plaintiff's claim

A. It is recognized that the Plaintiff’s attachment C and the receiver of the land prior to the division of this case were identical to one, and C, the Plaintiff’s address, is located in the Gyeonggi-do Lri-Gun, which is the address of the distributor, and there is no other circumstance that C and Dong name exist in the Gyeonggi-do Seocheon-Gun Lri, and therefore, the land prior to the division of this case.

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