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(영문) 서울중앙지방법원 2018.05.24 2016가단5281653
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. I was subject to the Gyeonggi-do J-gun 1,342 square meters, K 1,276 square meters, and L 4,521 square meters.

B. On September 1, 1961, J 1,342 (hereinafter “J-J-J land before subdivision”) has restored to land on M. M. M. 1,342. On December 15, 1962, the Defendant completed each registration of preservation of ownership on M. 28 square meters, N. 106 square meters, O. 56 square meters (hereinafter “instant 1,2, and 3 square meters”) divided from the above land, and the registration of preservation of ownership was cancelled on June 1, 2004 with respect to O land.

C. K 1,276 square meters (hereinafter “K’s land before subdivision”) were cadastral restoration in P 1,276 square meters. On December 15, 1962, the Defendant completed each registration of ownership preservation on Q 439 square meters and R 126 square meters (hereinafter “instant 4,5 square meters”) divided from the above land.

L Jeon 4,521 square meters (hereinafter “Before subdivision”) were cadastrally restored on 4,521 square meters prior to S. On December 15, 1962, the Defendant completed each registration of ownership preservation with respect to T 25 square meters, U 269 square meters, V 26 square meters, V 26 square meters, V 312 square meters prior to W, X 5,764 square meters, 372 square meters prior to Y, and 19 square meters prior to Z (hereinafter “instant 6,7,8,9,9,10,111, and 12”).

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 through 4 (including branch numbers for those with additional numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the plaintiffs' assertion is that the I, who was under the assessment of J, K, and L land before the subdivision of each of the lands of this case, was the plaintiffs' preference, and the plaintiffs, who were their lineal descendants, succeeded to the ownership of each of the lands of this case (attached Form 2).

Therefore, the defendant should implement the procedure for the transfer registration of ownership based on the restoration of real name by shares listed in the separate sheet 1 as to each land of this case, and return unjust enrichment due to the possession of each land of this case.

(b) Nos. 11, 16, 17, and 18 of the J land ownership before subdivision.

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