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(영문) 의정부지방법원 2017.05.02 2016가단119038
소유권말소등기
Text

1. The defendant, on October 29, 1996, filed with the plaintiff with the Government District Court of Dongcheon-gun, Gyeonggi-do, B forest land No. 42,347 square meters.

Reasons

1. Facts of recognition;

A. The forest survey document prepared as of the time of the enforcement of the Joseon Land Investigation Decree, which is the Japanese occupation occupation period, stated that C was subject to the assessment of the 4th 2nd 2nd 7th Kacheon-gun, Gyeonggi-do. The said land was changed into the 42,347mm2 (hereinafter “the instant forest”) in Gyeonggi-gun, Gyeonggi-do, the current cadastral and land category through the registration conversion procedure, the area conversion registration, etc.

B. On October 29, 1996, the registration of preservation of ownership in the name of the defendant (hereinafter “registration of preservation of ownership of this case”) was completed under the title No. 11985, which was received on October 29, 1996 with respect to the forest of this case.

C. D A deceased on August 20, 1950 and his head succeeded to the instant forest land as well as the Australian inheritance. On December 21, 1962, E died on December 21, 1962, and his wife and consciousness jointly succeeded to the instant forest land.

Since then, on September 13, 198, F, his wife, died on September 13, 198, and his wife succeeded as shown in attached Form 2, G and his wife. On May 5, 1996, the above G died on May 5, 1996, his heir shares jointly inherited as shown in attached Form 3.

On the other hand, on July 23, 2007, H, the wife of E, was deceased on July 23, 2007, and his own consciousness was jointly inherited as shown in the attached Form 4, and the F’s inheritance shares were jointly inherited as shown in the attached Form 4-1.

Ultimately, the Plaintiff and the heir (hereinafter “Plaintiff, etc.”) jointly succeeded to the instant forest as indicated in the final inheritance shares in the attached Form.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3-8, 5-1 and 2-2, the purport of the whole pleadings

2. Determination as to the cause of the claim and the defendant's assertion

A. According to the facts of the judgment on the cause of the claim 1 and the following circumstances, D, the Plaintiff’s fleet, is the land of this case.

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