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(영문) 의정부지방법원 2017.05.16 2016가단111751
소유권이전등기
Text

1. On June 14, 2016, the Defendant shall recover the authentic name of the Plaintiff regarding each real estate listed in attached Tables 2 and 4.

Reasons

1. Facts of recognition;

(a) On the land survey division drafted during the Japanese occupation period, the Gyeonggi-si B pages (which was changed to “Ch” due to a change in the administrative district of Pyeongtaek-gun as of December 16, 2015) of 745 and E 69 square meters (hereinafter “each of the instant circumstances land”) of 1914 (three years grace period).

4.5. G having the domicile in F is written as being examined;

B. Of the land under each of the circumstances in this case, the above D land was classified and subdivided into the land listed in the separate sheet Nos. 1 through 3, and E land is the land listed in the separate sheet No. 4 (hereinafter referred to as “each of the above land”).

C. The Defendant completed each registration of preservation of ownership on each of the lands listed in the separate sheet Nos. 1 and 3 of the instant land (hereinafter “each of the instant roads”) as to each of the lands listed in the separate sheet No. 7227, Jun. 18, 1996, and the separate sheet No. 2 and 4 (hereinafter “the instant dry field”).

On February 12, 194, H, the Plaintiff’s fleet, died on February 12, 194, and I succeeded to his own property, which was his father-son and family heir, and I died on January 27, 1951 and was his father-son and family heir, the Plaintiff, the heir of Australia, solely inherited his own property.

[Ground of recognition] Facts without dispute, Gap evidence 1-1-6-2, Eul evidence 1-1-2, Eul evidence 1-1, 2-2, and 2-1, and the fact-finding with the Director of the National Archives of this Court, the purport of the whole pleadings

2. Determination as to the cause of action

A. 1) The Plaintiff’s assertion 1) although the registration of ownership preservation in the name of the Defendant was completed, each of the instant lands alleged by the Plaintiff, the presumption of the above registration of ownership preservation was broken, as it was the land for which H, the Plaintiff, the heir of H, and thus, the Defendant is obligated to implement the registration procedure for ownership transfer for the restoration of real name as to each of the instant lands. (2) The Defendant’s assertion is the owner of each of the instant lands on the land cadastre of this case.

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