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(영문) 수원지방법원 2018.11.15 2017나87050
소유권이전등기
Text

1. All the plaintiffs' claims that were changed in exchange in this court are dismissed.

2. The plaintiffs' total costs of litigation.

Reasons

1. Facts of recognition;

A. The Land Survey Book concerning each of the instant real estate stated that the network E was subject to assessment on September 30, 1911, and the Plaintiffs are partial inheritors or senior grandchildren of the network E.

B. As to the real estate of this case, the previous land cadastre of this case was registered as the first owner as the second owner, and the J was registered as the second owner. On March 27, 1954, the registration of destruction or recovery of ownership transfer was completed in the first future (the previous registration was not registered for recovery) on the ground that the former land cadastre of this case was registered as the first owner as the first owner, and on March 27, 1954, the former land cadastre of this case was registered as the "trade where the former registration number is unknown, the date of receipt and the receipt number is unknown, and the date of registration is unknown," and the registration of transfer of ownership was completed on January 15, 1979 (the previous registration was not registered for recovery).

C. As to the instant 2 and 3 real estate, the registration of ownership preservation was completed in Defendant C pursuant to the former Act on Special Measures for the Transfer, etc. of Ownership of General Farmland (Act No. 1670, hereinafter the same) as the first owner on June 30, 1965 on the ground that all the date accidents in the former land cadastre were vacant, and the registration of ownership transfer was completed on the ground of donation on November 24, 1995 by the above Gwangju registry office No. 49052, Dec. 4, 1995 with respect to the instant 3 real estate.

[Ground of recognition] Facts without dispute, Gap 1 through 7 evidence, Eul 1 through 5 evidence (including branch numbers if there are additional numbers), the purport of the whole pleadings

2. Determination

A. (1) In a case where a person other than the name holder of assessment and another person are the owner on the old land cadastre, the fact of succession and acquisition should be asserted and proved in order to make the pertinent land succeeded from the name holder of assessment (see Supreme Court Decision 94Da27649, Sept. 15, 1995). As in the above fact of recognition, the real estate of this case should be included in the real estate of this case.

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