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(영문) 서울동부지방법원 2019.06.27 2018가합266
소유권확인 등
Text

1. All claims filed by the plaintiffs (Appointeds) and the designated parties against the Defendants are dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. On October 1, 1913, the Land Survey Division prepared in the Japanese Occupation Period is indicated as being under the circumstances of H residing in G with respect to the Gyeonggi-gun E-si, Gwangju-gun (hereinafter “Ground No. 1”) and the F Return No. 1,022 of Gyeonggi-gun (hereinafter “Ground No. 2”). The land of this case, including the land of this case No. 1 and No. 2, is indicated as being under the circumstances of H residing in G.

B. On April 4, 1929, the Plaintiffs: (a) died on April 4, 1929; and (b) the Plaintiffs asserted that I inherited I as stated in the “Inheritance Shares” column in the [Attachment 2] Inheritance Shares.

C. On April 15, 1965, Defendant Republic of Korea completed the registration of preservation of ownership in the name of each Defendant Republic of Korea (hereinafter “each of each of the instant cases”) under No. 7170 on April 15, 1965 with respect to the land of this case No. 1 located in the Seoul East Eastern District Court No. 7161 received on April 15, 1965 and the land of this case No. 2 located in the same day under the same registry office.

After that, on March 31, 1978, the land of this case was combined with 11,230 square meters in Songpa-gu Seoul Metropolitan City, Songpa-gu, Seoul, and finally became 19,022 square meters in Songpa-gu, Songpa-gu, Seoul. The land of this case 2 was combined with 21,924 square meters in Songpa-gu, Seoul, Songpa-gu, Seoul on March 31, 1978, and after part of the said land was divided into J and K, it became 21,56 square meters in the remaining land.

E. Defendant Korea completed the registration of ownership transfer (hereinafter “instant registration of ownership transfer”) with the Seoul Eastern District Court No. 122425, Aug. 4, 2017, with respect to the share of 10,000/21,566, out of 21,566 square meters in Songpa-gu Seoul Korea Land and Housing Corporation.

[Ground for Recognition: Unsatisfy, Gap evidence 1 to 9, Eul evidence 1 (including each number; hereinafter the same shall apply)

(2) Each entry and the purport of the whole pleading

2. Summary of the parties’ assertion

A. The Plaintiffs: (a) the Plaintiffs: (b) acquired the ownership of each of the instant circumstances’ land by the Plaintiff, its shipbuilding, based on the assessment of each of the instant circumstances; and (c) subsequently, (d) succeeded in succession by the Plaintiffs.

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