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(영문) 서울중앙지방법원 2020.10.15 2019가단5255662
소유권말소등기
Text

1. The defendant shall be the plaintiff.

A. The Suwon District Court shall, in relation to the area of 1,202 square meters and C road of 51 square meters in Silung-si, support Suwon District Court.

Reasons

1. Facts of recognition;

A. According to the Land Survey Book drawn up during the Japanese Occupation Period, E was under the circumstances of Furi-gun of Silgu (former Silung-dong) H 202 square meters and I 3,063 square meters (hereinafter “instant assessment land”).

B. Afterwards, H 202 square meters of forests and fields were divided into J 529 square meters of forests and fields and 139 square meters of K forest around December 20, 1961, following the conversion of the area unit and the change of administrative district name. Since J 529 square meters of land, D 506 square meters of land was divided on May 28, 1998.

C. In addition, B road B 218 square meters and L road 1,035 square meters were divided into I, and thereafter, the above L road 1,035 square meters was combined into B on October 12, 1998 and revoked, and C road 51 square meters were divided into B road 1,253 square meters on May 28, 199, and thereby, B road was divided into 1,202 square meters.

On May 6, 1996, the registration of preservation of ownership in the name of the defendant (hereinafter "registration of preservation of this case") was made in the state of non-registration of 506 square meters in Si-si D road, B road No. 1,202 square meters and C road No. 51 square meters.

On the other hand, with respect to Silung-si D, it was determined and publicly announced as City/Do M road zone in around 2003, and as to B, there was no determination as road zone.

E. On February 9, 1950, the Plaintiff’s fleet N was anO in Si-Sung-gun and died on or around February 9, 1950, and P died on or around January 25, 1973, and P succeeded to each of 1/20 shares in the inherited property by Q Q, the wife of which, on or around January 25, 1973, 6/20 shares in the inherited property, R, the children of R (V), S (V), and T (5) 4/20 shares in the 4/20 shares, U (E), V (Out Price in around 1948), W (Out Price in around 1958), X (Out Price in around 1962).

F. Since then, R (6/20) died on March 18, 1991, the heir was the Plaintiff, Y, Y, Z, AA, and AB, and the heir agreed to divide the inherited property to be owned solely by the Plaintiff.

[Ground of recognition] Each statement of Gap evidence Nos. 1 through 11 (including paper numbers), and each fact-finding results for AC Administrative Welfare Center and Si interest viewing in Si interest.

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