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(영문) 서울고등법원 2016.12.01 2015나14329
소유권보존등기말소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited in the judgment is as stated in the reasoning of the judgment of the court of first instance, except for changes or additional judgments as set forth in paragraphs (2) and (3) below, and thus, this is acceptable in accordance with the main sentence of

2. The changed part of the judgment of the first instance is about 6 pages 3 of the judgment of the first instance, "one of the grandchildren of K" shall be "one of the grandchildren of K".

The 5th 1st 5th 1st 2th 1st 2th 1st 1st 2th 3th 1st 2th 3th 2th 3st 2st 3st 2st 3st 1st 2st 3st 3st 43, 44, 46, and 47st 1st 1st 2st 3th 3th 1st 1st 1st 1st 1st 1st

5th 8th 5th 1st 8th 1st 8th 7th 7th 1st 8th 8th 8th 1st 8th 8th 3th "the fact that the lineal descendants of T seems to be the lineal descendants of T is the fact that they appear to be the lineal descendants of T (the adult members of

In the 5th 13th 195 of the first instance judgment, “The land before the division was restored around March 20, 1953” was added to “O, as the representative of the defendant clan, applied for the permission of the use of the land by the plaintiff as the father at the time of the 1951, was registered in the above land register after obtaining the permission of the use of the land.”

In the 9th 13th 13th 9th 13th 13th 13th 13th 3th 3th 2, “A testimony by the witness R” is “each of the descriptions and images of the evidence of No. 21, 23, 38, 40, and 43 through 47, the witness R of the first instance trial, the Z, the AK, and the AC testimony.”

From the end of the 9th judgment of the first instance, the term “AC” of the 4th sentence shall be read as “AC and AL”.

The 10th page 10 of the first instance judgment "each real estate of this case" shall be deemed "each land of this case".

3. Additional determination

A. The plaintiff's assertion that there was a dispute over the ownership of AM (O's private village) and each of the lands of this case around 1969 around the time when the plaintiff's father died, but the defendant's clan had been well aware of such circumstances, but occupied each of the lands of this case. In addition, as to each of the lands of this case against the defendant's clan, AK, the grandchildren of AM, around 207.

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