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(영문) 서울중앙지방법원 2017.06.13 2016가단123769
소유권보존등기말소 등
Text

1. As to the real estate stated in the attached list 1 and 2 to the Plaintiff, the Defendant shall make a registration office of the Jung-gu District Court on 195.

Reasons

1. Basic facts

A. The land survey report and forest survey report prepared during the Japanese occupation point period are written as follows: C residing in the Gyeonggi-do Socheon-gun Group B, Gyeonggi-do, 84 square meters prior to D, Sheet E, 9 square meters prior to D, and 1 group of forest land in the same GunF forest.

Official cadastral records of each of the above-mentioned lands

6. In the incident of 25.25. A. (i) Shelled land was destroyed, Sheeted on January 23, 1963, chinesd land was restored respectively on December 9, 1963, and chinesd land was each land listed in the separate sheet through a unit conversion on January 1, 1978.

B. With respect to the land listed in paragraphs 1 and 2 of the attached Table 1 (hereinafter “instant land”), each registration of preservation of ownership has been completed on July 3, 1995 in the Defendant’s name, and the land listed in Paragraph 3 of the attached Table (hereinafter “instant land”) remains in the official column with the owner’s disturbance at the time the cadastral record was restored to an unregistered state.

C. Meanwhile, the Plaintiff’s evidence G, a family council member, was living in the Dongcheon-gun, Gyeonggi-do on March 27, 1939 and died on March 27, 1939, and H, the head of the family, succeeded to the family head’s property. On September 8, 1999, H died and jointly succeeded to the Plaintiff, I, J, K, and L, who are their children.

After that, on September 2016, the plaintiff, I, J, K, and L agreed on the division of inherited property to solely inherit the network H.

[Ground of recognition] Facts without dispute, or entries in Gap evidence 1 to 5 (including additional numbers), the purport of the whole pleadings

2. With respect to the Plaintiff’s claim for confirmation of ownership of the land of this case against the Defendant for confirmation of ownership of the land of this case as to the main part of the claim for confirmation of ownership, the Defendant’s claim for confirmation of ownership of the land of this case against the State is unregistered, and it is impossible to identify the registrant or the registrant on the land cadastre or forest land cadastre, and there are special circumstances, such as the State’s continued to assert ownership of the State while denying ownership of a third party

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