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(영문) 의정부지방법원고양지원 2015.12.09 2015가합73913
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Since around 1918, Chungcheongnam-do, who has a domicile in the JJ of Chungcheongnam-gun, Chungcheongnam-do, was assessed against the land indicated in the purport of the claim (hereinafter “instant land”) and the land located in the Gyeonggi-do (hereinafter “land before subdivision”) located in the administrative district before the change of the administrative district.

B. Official cadastral records and registers relating to the land before subdivision were entirely destroyed due to Korean War. On November 27, 1967, the owner of the land in this case was restored to M, the Defendant’s server in the forest land register.

C. On January 12, 1968, the registration of ownership preservation (hereinafter “the instant registration of ownership preservation”) was completed in the M’s future on the instant land. M died on June 20, 1982, and on December 22, 1993, the registration of ownership transfer (hereinafter “the instant registration of ownership transfer”) was completed in the Defendant’s future on the ground that the instant land was inherited by consultation and division.

On February 22, 1928, K, the fleet of the plaintiffs, died and succeeded to K's property, N, the president of K, N, the N, on May 31, 1960, succeeded to N's property, N, N, the N's child, and the plaintiff A, B, C, and D succeeded to the O's property due to the death of theO. Each share in the plaintiffs' property is as shown in the attached inheritance shares.

[Basis] Facts without dispute, Gap evidence 1 to 5, evidence 1 to 2-1, 3, 4, 5, 6, Eul evidence 7-1, 2, and the purport of the whole pleadings

2. Determination as to the assertion on the cause of claim

A. The plaintiffs' assertion 1) The land before the division of the plaintiffs was assessed against K is the plaintiff's fleet (the plaintiff E, F, and G's assistance division, and the plaintiff A, B, C, and D's contribution shares in the land of this case. The plaintiffs inherited each share in the attached inheritance shares in the land of this case. The registration of preservation of ownership of this case and the registration of transfer of ownership of this case are invalid both. Thus, the defendant shall implement the procedure for registration of transfer of ownership for the restoration of the real name with respect to the above share in the land of

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