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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. On March 15, 1914, the assessment title holder of Gyeonggi-do (hereinafter “instant land before the instant partition”) 624 square meters prior to C (hereinafter “instant land”) is D.
B. After that, the land before the instant partition was divided into the above H 379 square meters and the above B 245 square meters (the converted area; hereinafter “instant land”). The cadastral record on the instant land was entirely destroyed and lost in the column of 6.25, and there is no particular material to know about the time of subdivision.
C. After that, registration of ownership preservation in the first name was completed in accordance with the Act on Special Measures for the Transfer of Ownership of General Farmland (No. 1657).
In addition, the above H land and the instant land were cadastral restoration on March 31, 1965.
The land in this case remains unclaimed land, and on December 26, 1990, the Mapo-Gun announced the land in this case as non-owned real estate, and on August 12, 2004, the defendant completed the registration of preservation of ownership in the name of the defendant under the name of 27401 of the Mapo-gun District Court receipt office of Mapo-gun District Court on August 12,
On the other hand, the land of this case is currently being used as the road site of national highways M.
E. Meanwhile, the Plaintiff’s family register, which is the Plaintiff’s family register, was destroyed by 6.25 pages, and was restored to 1953.
The plaintiff's shipJ died on September 20, 1953. At the time of the death of theJ, the legal domicile of theJ is "Ycheon-gun E" of Gyeonggi-do.
On the other hand, the plaintiff is the son of JJ's descendants G.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 8, Eul evidence Nos. 1 and 8 (including provisional number), the purport of the whole pleadings
2. The parties' assertion and judgment
A. The land before the division of the Plaintiff’s assertion 1 by the parties is the land under the circumstances of the Plaintiff’s GJ, which is the prior land of the Plaintiff, and F, the South-North Korea, upon the death of the GJ, succeeded to the property of the GJ. After the F died on December 13, 190, the Plaintiff et al. succeeds to the F’s property on behalf of the Plaintiff, and thereby, the Plaintiff is among co-owners of the land of this case.