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(영문) 서울중앙지방법원 2016.05.18 2015가단36455
소유권보존등기말소등기청구 등
Text

1. The defendant is against the plaintiffs:

(a) the District Court in relation to the shares of 111/698 out of the real estate listed in the Schedule 1 attached hereto;

Reasons

1. Basic facts

A. On June 11, 1913, the land research division prepared by the Joseon General Division under the Decree on Land Survey, which was enforced during the Japanese Occupation Period in the attached list, stated as follows: H around 698 square meters (2,307 square meters, attached list 1; hereinafter “instant land 1”); on the other hand, on January 6, 1919, I written as follows: (a) around 191, the land research division prepared by the Joseon General Division under the Ordinance on Land Survey, which was enforced during the Japanese Occupation Period in the attached list; and (b) around January 6, 1919, I written as follows: (c) the land research division was conducted by the JJ 7, 190 (hereinafter “instant land before subdivision”); and (d) the forest research division was conducted by the Plaintiff

(2) On September 13, 1993, the land prior to the instant subdivision was divided into the land indicated in the attached Table 2 (hereinafter “instant land”) and was cadastral restoration.

B. As to the land of this case on December 16, 1980, the Defendant made registration of preservation of ownership as to the land of this case No. 1, and as to the land of this case No. 2 on August 27, 1999, the Defendant made registration of preservation of ownership as stated in each order.

C. On May 7, 1917, K, the inheritance-related plaintiffs, died on May 7, 1917, and both I succeeded to Australia and property, and I died on November 15, 1956, and his wife succeeded to Australia and property.

In addition, L died on August 27, 1964, the plaintiffs jointly inherited their properties.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1, 2, Gap evidence 5-1 through 3, Gap evidence 6-1 through 4, Gap evidence 8-1, 2-2, and the purport of the whole pleadings

2. The assertion and determination as to each of the instant lands

A. (1) The title holder of land or forest land under the former Land Survey Order or the former Forest Land Survey Order acquires the pertinent land or forest land at the original condition. Therefore, if the land survey division or the Forest Survey Division was prepared under the former Land Survey Order or the former Forest Survey Order and any other circumstances were assessed against the title holder, the title holder or his/her heir shall be the owner of the relevant land or forest land, and even if the State treats the land as a non-owned real estate, it shall be treated as the real estate.

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