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(영문) 서울중앙지방법원 2020.08.13 2019나61818
소유권말소등기
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The land research division in Gwangju-gun C previously 974 square meters (hereinafter “the land before the instant division,” and “Maju-gun D surface” in the indication of other land is omitted) is deemed to have been under the circumstance of E (F; hereinafter “the network”) around October 26, 191 in the land research division prepared during the Japanese colonial era.

B. The land before the instant partition was divided into 427 G around March 20, 1953, 221 H road (hereinafter “instant land”) and 326 square meters before I.D.

C. On February 18, 1957, G 427, the registration of ownership in the name of K and the registration of ownership transfer in the name of L University were completed.

Since August 19, 1972, the above land was divided into 298 square meters (985m2) and J road 129 square meters (426m2). On December 22, 1972, the Defendant completed the registration of ownership transfer concerning J road 129m2 (426m2).

The Defendant completed the registration of preservation of ownership (hereinafter “registration of preservation of ownership of this case”) on the land of this case by the Suwon District Court Branch No. 75243, Dec. 27, 1990.

E. On September 11, 2008, J road 129 square meters (426m2) was merged on the instant land, and H road 1,157m2 became 1,157m2.

(H) Of H road 1,157m2, the part corresponding to the instant land is part 731m2 connected in sequence to each point of the attached drawing Nos. 3, 4, 5, 6, 7, and 3. The Plaintiff’s assistance team M resided in Gwangju-gun N (former administrative district Sung-guO), and died around 1940. M’s property was jointly inherited to the Plaintiff, S, T, and U through the Plaintiff’s P (Death January 20, 1985).

F. On March 20, 1953, the land category of the instant land was changed to a road, and its owner is indicated as the country (state) and the defendant (state).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 6 (including each number), fact-finding inquiry and reply to the Director of the National Archives of the court of first instance, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion, the deceased, and the Plaintiff’s assistance division M.

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