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(영문) 서울서부지방법원 2015.12.11 2015가단203670
소유권말소등기
Text

1. As to the Plaintiff with respect to the amount of 1,069 square meters in Yongsan-gu, Yongsan-gu, Seoul Metropolitan City:

A. Defendant B is a senior governmental district court of the District Court.

Reasons

1. Basic facts

가. 일제강점기 조선총독부 임시토지조사국이 작성한 경기 고양군 F에 관한 임야조사부에 의하면, 경기 고양군 G 임야(이하 ‘이 사건 사정임야’라 한다)를 ‘평안남도 개천군 H’(平安南道 价川郡 H)에 주소를 둔 I(I, 이하 ‘사정명의인 I’이라 한다)이 1915.(大正4年)

9.29. It shall be written as being examined; and

B. On April 1, 2010, G forest land G 961 square meters (the name of the administrative district was changed to “Y in Goyang-si L in Goyang-si” (hereinafter “instant forest”), M forest land E 1,069 square meters (hereinafter “the instant forest”), N forest land E 36 square meters, N forest land 802 square meters, 1,370 square meters and divided.

C. Defendant B filed a lawsuit against the PJJ (hereinafter “instant clan”) for the claim for ownership transfer registration with the Goyang-gu District District Court 201Kahap13739, Defendant B was sentenced to a favorable judgment on the pleadings that “the Defendant (Defendant B) was sentenced to the Plaintiff (Defendant B) on the land of Ilyang-dong, Seoyang-gu E, Busan-dong, M forest E, M forest land of 36 square meters, M forest and 802 square meters, N forest and 1,370 square meters, and O forest and 1,370 square meters, respectively, with respect to the land of 1,069 square meters, M forest and 36 square meters, N forest and 802 square meters, and the above judgment became final and conclusive.

After the Defendant B completed the registration of preservation of ownership in the name of the assessment titleholder on May 7, 2013 with respect to the forest of this case, which had been unregistered, by subrogation registration based on the final judgment on May 7, 2013, Defendant B completed the registration of transfer of ownership in its name on the ground of sale as of May 17, 2013, No. 64555, 6455, which was received on May 17, 2013.

Since then, Defendant C completed the registration of establishment of a superficies on May 14, 2013 as the receipt No. 67758, and Defendant C completed the registration of establishment of a superficies on May 27, 2013 as well as the establishment of a superficies on May 27, 2013 as the receipt of No. 74412 on May 27, 2013. Defendant D completed the registration of establishment of a superficies on May 27, 2013.

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