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(영문) 수원지방법원안산지원 2020.05.06 2018가단66084
토지사용료 등
Text

1. The defendant shall be the plaintiff.

(a) KRW 49,786,800, as well as 5% per annum from September 21, 2018 to May 6, 2020, and the following:

Reasons

1. Basic facts

A. G was found to be the owner at the time of the land survey and forest survey conducted during the Japanese colonial era with respect to the land survey and the forest land survey conducted during the Japanese colonial era with respect to the two parcels combining the above two parcels of land in Suwon-gun, Suwon-gun, Gyeonggi-do H, and the two parts of I forest land (hereinafter “land subject to assessment”).

B. G died on June 2, 194, and due to the death of her grandchildren, J inherited Australia. On June 28, 1983, J jointly succeeded to L, M, N,O, P, and Q deceased, his spouse K and children.

C. Of the land involved in the assessment, H’s KRW 522 was divided into 412, S. 90, and T’s KRW 20,000 prior to the date of restoration. However, the time of restoration is not clear, but since the said R’s land was divided into KRW 31 on September 10, 195, it can be known that it was prior to September 10, 1955.

Of them, S 90 square meters was the 298 cubic meters of the Hansan-si E-Road 298 cubic meters of the administrative district after the registration for the change of administrative district and the conversion of the area (hereinafter referred to as "the land of this case"), and thereafter the registration of preservation of ownership was completed in the name of the Republic of Korea on August 1, 1996.

Of the land subject to assessment, on April 1, 1967, the two parts of the I Forest was divided into two parts of the I Forest, 1967, and 2 U Forest No. 198m2 in Ansan-gu, the registration for the conversion of the area and the administrative district was completed, and the ownership transfer registration was completed in the name of the Republic of Korea on January 10, 1996, when the owner of the said forest was not restored. On April 13, 2010, the said forest was registered as the forest No. 158m2 (hereinafter “the instant two land”).

E. M and N filed a lawsuit against the Republic of Korea for the preservation of ownership and the cancellation of ownership transfer registration, which was completed in the name of the Republic of Korea, as the Seoul Central District Court 2016da5197055, and each of the instant lands is the land under the circumstances of G, which is an increased portion of their successors. As such, M and N participated in the lawsuit on June 29, 2017, seeking the cancellation of ownership transfer registration and ownership transfer registration, which was completed in the name of the Republic of Korea with respect to each of the instant

(f) thereafter Lon May 17, 2016, died.

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