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(영문) 서울중앙지방법원 2021.02.05 2020가단5241942
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. According to the land survey project that was implemented at the time of the Japanese occupation, the Plaintiff’s increased portion of the land was under the circumstances of the Plaintiff’s increased portion of the land, i.e., D status 1 to 5 in Kimpo-si in around 1918, i.e., G status 9 non-land in F status 9 in around 1918 and G status 29 in total with the aforementioned D land (hereinafter “instant assessment land”), respectively.

B. On March 1, 1977, the area of D land was converted into 10,413 square meters, the area of F land was 893 square meters, and the area of G land was 2,876 square meters, respectively.

(c)

As to F land around January 13, 1996, the defendant completed the registration of transfer of ownership of G land around November 2, 2006.

【Uncontentious facts, Gap’s evidence Nos. 1, 5 through 9 (which include the number of branches)

Each entry or video, and the purport of the whole oral proceedings; hereinafter the same shall apply)

2. Determination as to the cause of claim

A. The Plaintiff’s summary of the Plaintiff’s assertion is the land that the deceased C was under the circumstances around 1918, and thereafter, the deceased H, the father of the Plaintiff, completed the registration for the preservation of ownership on the said land, the Plaintiff re-ended the registration for the transfer of ownership, and the F land and G land were under the circumstances around 1918, and the above H completed the registration for the transfer of ownership on the said land around 1972, and the Plaintiff again completed the registration for the transfer of ownership on the said land.

Meanwhile, the instant land owned by the Defendant, which was located adjacent to the instant land, was registered from the land that was divided from the instant assessment land and converted from the land that was incorporated into the road site, I. 2,976 square meters. As such, there was no legitimate acquisition procedure, such as payment of compensation, at the time when I land was divided from the instant assessment land and incorporated into the road site, so the registration of the Defendant’s ownership preservation of the said land, which was completed with respect to the said land, should be cancelled as the registration of invalidation of the cause that was made without a legitimate title.

B. The judgment of this case is based solely on the descriptions of the evidence Nos. 2, 3, and 4, and the land of 2,976 square meters in Kimpo-si, Kimpo-si (B before the conversion into B) around 1918.

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