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(영문) 서울중앙지방법원 2019.09.25 2018가단5029019
소유권이전등기
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. As to the instant land and the Plaintiffs’ status (1) forest survey report prepared during the Japanese occupation period, K was indicated as the assessment of the Gyeonggi-do J 2-gun, Gwangju-do (hereinafter “instant assessment land”).

(2) On November 5, 1953, the Gyeonggi-do J-2 (1,983 square meters) was converted into the registration conversion with the Gyeonggi-do 569 square meters (1,881 square meters) prior to Hanam-si, Gyeonggi-do, and thereafter, on November 5, 1957, the 569 square meters prior to Hanam-si, Gyeonggi-do (1,881 square meters) was subdivided into the 757 square meters prior to Hanam-si, Gyeonggi-do (hereinafter “the instant 1 land”), ② the 1,028 square meters prior to Hanam-si, Gyeonggi-do, and ③ the 33 square meters prior to Hanam-si, Gyeonggi-do (hereinafter “the instant 2 land”), and ④ the 63 square meters prior to Hanam-si, Gyeonggi-do (hereinafter “the instant 3 land”).

As to each land of this case, the land cadastre drawn up on December 17, 1976 stated that M acquires ownership on December 17, 1965.

(3) The deceased on 1951, and the deceased on 1951, the deceased deceased, the deceased deceased, and the deceased deceased, the deceased deceased, Q, A, B, and R, but P died without any lineal descendant on 1961, before the deceased of the deceased, the deceased on 197, Q died on 2017, and Q’s children were D and E.

B. (1) On December 17, 1965, the registration of initial ownership was completed with respect to each of the instant land in the name of the deceased M on December 17, 1965, and after the deceased M, S transferred the ownership transfer to the Defendant in the manner of national tax payment. The Defendant Republic of Korea completed the registration of ownership transfer with No. 58598 of the receipt on October 7, 1999 by Suwon District Court, Sungnam Branch Branch Office, Sung-nam Branch Office, Sungwon District Court, and Defendant F purchased the instant 2 and 3 land from the Defendant Republic of Korea on December 15, 2016, and completed the registration of ownership transfer as the receipt on December 29, 2016 by the same registry office.

(2) On the other hand, the registry and the forest register book relating to the size of 1,983 square meters prior to the registration conversion had not been closed due to administrative errors.

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