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(영문) 서울중앙지방법원 2018.04.04 2017가단5170910
소유권말소등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. B was found to be the owner of the 636 square meters and the 953 square meters prior to D through the land survey project implemented during the Japanese colonial rule.

B. The above land was subdivided into E-Road 17 square meters (hereinafter “instant land”) and F 619 square meters, respectively, and the said D land was subdivided into G 763 square meters, H 90 square meters (hereinafter “instant land”) and 100 square meters before I.

C. On December 1, 1938, the Governor of the Gyeonggi-do in the Joseon-do included the land Nos. 1 and 2 of this case (hereinafter “each land of this case”) in the above local highway when he recognized and publicly notified to the Do governor on December 1, 1938 under Article 14 of the Joseon-ro Ordinance, and thereafter, each land of this case is incorporated into the Do K and used as a road until now, and is managed by the Y.

On the other hand, the defendant completed the registration of initial ownership on each of the land of this case as the Macheon District Court's Macheon Registry No. 26932, August 9, 2004.

[Ground of recognition] Facts without dispute, Gap 1 to 3 evidence (including branch numbers in case of additional number), Eul 1 to 7 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. 1) The plaintiff asserted that, as the deceased B's descendants, who were assessed as the owner of each land of this case, the ownership of the above land was currently acquired through inheritance, and the defendant registered as the owner of the above land and thereby hindering the exercise of the plaintiffs' ownership. Thus, the defendant asserts that the plaintiff is liable to implement the registration procedure for cancellation of registration of cancellation of ownership preservation on each land of this case. 2) Accordingly, the defendant cannot be recognized as the same person, who is the owner of the land of this case, and the land of this case is the land acquired by the State through legitimate compensation during the Japanese occupation period for use as the road, and the acquisition period for prescription has already been completed.

B. The Defendant’s occupation is determined.

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