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(영문) 서울중앙지방법원 2018.10.25 2018가단5055612
소유권말소등기
Text

1. The plaintiffs' respective claims against the defendants are dismissed in entirety.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. In the land investigation division prepared by the Japanese governor-general during the Japanese occupation period, the land investigation division written by the Japanese governor-general shall state that 395 square meters of the G in Gyeonggi-do was under circumstances by H and 15 persons, and the appropriate column shall be jointly signed, and the name of 15 persons with J nature, such as I, is attached to the back of the column.

B. On June 14, 1931, the above H was the evidence of the plaintiff A and C, and died on June 14, 1931, and the plaintiff Eul, the family heir, shall succeed to the property, and on March 25, 1947, K shall succeed to the property solely by the son, the family heir, and L shall succeed to the property, and on February 17, 1989, the plaintiff M, the plaintiff M, the son, the son's 2/7 shares, and the 3/7 shares of the son, the wife, respectively.

C. On July 9, 1957, the registration of ownership transfer in the name of the Defendant Republic of Korea was received on July 9, 1957 with respect to the F 598 square meters (hereinafter “instant land”) prior to Yongsan-si, as the registration of ownership transfer in the name of the Defendant Republic of Korea was made under the title No. 14940, Jan. 31, 2013; and the registration of ownership transfer in the name of Defendant E Co., Ltd. was made on March 27, 2013.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 through 8 (including those with serial numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion at 395 square meters (hereinafter “instant situation land”) was the land determined by the Plaintiff’s fleet, the fleetr, and the instant land was divided from the land. Thus, the Plaintiff’s assertion was owned by the Plaintiffs, i.e., inheritance from H., the Plaintiff’s claim.

Therefore, registration of the above preservation of ownership and registration of the above transfer of ownership of defendant D and defendant E should be cancelled as registration of the invalidation of cause.

B. First of all, the lower court determined that the instant land that the Plaintiffs claimed ownership based on the fact that H, the prior owner of the instant land, is located at 395 square meters prior to the Gyeonggi-do GU-gun, the land of this case.

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