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(영문) 의정부지방법원 2017.02.17 2016나6997
소유권말소등기
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Basic Facts

According to the Land Survey Book drawn up during the Japanese occupation period of the situation of the relevant land, the Gyeonggi-do Seocheon-gun No. 426 square meters stated as the assessment of the F with the address in the above E on October 10, 1913 (F, 2 years in 1913).

The cadastral record on the above land was destroyed, and restored on January 23, 1963. On May 5, 1965, and after conversion of land category into the area on January 1, 197, on January 1, 1987, the cadastral record on the above land became one thousand four hundred and forty-eight square meters in Gyeonggi-gun, Gyeonggi-do (hereinafter “instant land”).

On January 10, 1975, G completed the registration of ownership on January 10, 1975, along with the statement that the above F was considered as the land in the land cadastre due to the registration of the Defendant’s name. On December 9, 1975, the registration of ownership preservation of the above G name was completed, and the registration of ownership transfer was completed on the same day.

After that, on February 5, 1987, the defendant completed the registration of ownership transfer on the land of this case on January 28, 1987 (hereinafter “the registration of ownership transfer”).

According to the plaintiff's removal of the plaintiff's fleet K's removal, K, the assistant father of the plaintiff, born between I and LC on January 22, 1983, and died on March 9, 1967.

K had N(N, O), P, J, Q, R, S, T, and U between Ma and M, but the Plaintiff is the above N.

[Based on the premise that there is no dispute, each entry of Gap evidence Nos. 1 through 6 (including a branch number if there is a serial number; hereinafter the same shall apply) and each entry of the whole pleadings and the cause of the claim as a whole, and the person who is assessed as the land owner in the land research project conducted under the Decree on Land Survey under certain conditions as to whether the advance price of the plaintiff is the same as the owner of the land shall be considered as the starting point of the land ownership relationship.

In addition, the transaction of land and other legal relations with respect to land for a long time from the land situation to the year of 100.

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