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(영문) 서울중앙지방법원 2018.09.13 2017가단5142762
소유권말소등기
Text

1. The defendant shall have the jurisdiction over the plaintiff with respect to the area of 138 square meters and the area of 11 square meters and the 138 square meters and the 111 square meters and more of the roads

Reasons

1. Basic facts

A. According to the Land Survey Book drawn up during the Japanese Occupation Period, E is deemed to have been subject to the assessment on October 1, 1913 (Seoul 2 years in large scale) with respect to the land of approximately 3,122 in Yang-gun, Yangju-gun (hereinafter “land before subdivision”). E’s address is a disturbance.

B. On March 20, 1961, the cadastral record of the said land before subdivision was destroyed, the land was divided into 149 square meters in Yangju-gun B on March 20, 1961, and the cadastral restoration was made on March 20, 1961. On April 1, 1980, the said designation was changed to “Yyang-si B, Namyang-si,” and the land classification was changed to “road” on December 30, 208. On July 9, 2009, the land classification was changed to “road” and was re-divided into B138 square meters in Seoul-si, Yangyang-si, Seoul-si.

C. On February 17, 1994, the Defendant completed the registration of ownership preservation on the land of this case Nos. 1 and 2 on December 16, 1995 through the public notice of non-real estate. D.

On the other hand, the Plaintiff’s prior F died on August 3, 1946, and G, a sole heir, as his/her head, was declared missing on March 29, 200. G’s sibling is H, I, J, K, L, and M, and only M is currently alive.

L(O, P, Q, plaintiff, and R are married with N.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including additional numbers), fact-finding results of this court's inquiry into South-North Korea viewers, the purport of the whole pleadings

2. Determination as to the cause of action

A. First, we examine whether E and the Plaintiff’s prior land assessment title, the land assessment title prior to the division of the Land Survey Division, are the same person.

As a result of the fact finding and the fact finding of the South-North Korea viewing by this court, the following circumstances recognized by the purport of the entire pleadings, i.e., ① the method of preparing the Land Survey Book at the time, which was enacted pursuant to the former Land Survey Ordinance (Ordinance No. 2, Aug. 13, 1912), is the address of the owner of the “temporary Land Survey Board No. 4 of the Regulations on Land Survey”.

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