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(영문) 서울고등법원 2016.06.09 2016나2003889
소유권등기말소청구의 소
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. Facts of recognition;

A. B died on October 11, 1942, and accordingly C, its head, as Australia, became the inheritor of the property as a family head.

On February 12, 1974, the above C died on February 12, 1974, and his own consciousness D(F, E (F, E, E, 1/19) , Selection F (F, E, 1/19) , Selection G (W, E, Australia heir, and 6/19) , the Plaintiff (F, South, Australia heir, and 19/19) , Selection H (n, E, 1/19), I (Nam, 1/19), and 4/19 shares) were jointly succeeded to the property, and the above D succeeded to the shares of D's wife, who was the wife of D, due to the death relationship earlier than C on July 3, 1953.

NN died on April 10, 201, and I died on October 13, 2008 and became his wife's heir.

B. According to the old land cadastre that was restored on March 15, 1963 or July 1, 1968 and the old land cadastre that was restored on December 31, 1966, before the enforcement of the Cadastral Act amended by Act No. 2801 of December 31, 1975, B (B andP) changed the name of the administrative district N in Yang-gun of Gyeonggi (M in Yang-gun of Gyeonggi on October 1, 200, the name of the administrative district was changed to N in Yang-si on October 19, 2003, the name was changed to 1,080 square meters, AB in Yang-gun of Gyeonggi (M in Yang-gun of Gyeonggi on October 1, 201, Qu-gun on October 1, 19, 2001), and the old land cadastre that was changed to A. 1, 1, 201, 1, 1, 1, 3, 1, 1, 1, 1, 2, 1, 2, 1, 1, 7, and 5.

C. Of the 1,080 square meters prior to O, 250 square meters (826 square meters) was divided into Q2 on November 2, 1976, and 241 square meters (2,744 square meters) was divided into R land among the 830 square meters prior to O on February 25, 1984.

On February 27, 1984, the R land category was changed to “large-scale.” On the other hand, as to P ditch 1,914 square meters in Yangju-si, it was designated as State property on February 5, 1987, and as the receipt of 29318 on May 21, 1996, the name of the Defendant was under the name of Jung-gu District Court’s Government Registry.

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