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(영문) 서울고등법원 2018.03.23 2017나2045330
소유권확인
Text

1. The part of the judgment of the first instance against the plaintiff shall be revoked.

2. It is confirmed that the previous C 2,123 square meters is owned by the Plaintiff.

Reasons

1. In the first instance court, the Plaintiff sought confirmation of ownership of the instant land and B. The first instance court accepted the claim on B’s land and dismissed the claim on the instant land.

In this regard, the plaintiff only filed an appeal against the claim on the land of this case. Accordingly, the subject of the judgment of this court is limited to the claim for confirmation of ownership of the land of this case.

2. Basic facts

A. 1) The land survey division prepared by the Land Survey Division of the Joseon General Co., Ltd. during the Japanese occupation period is registered as the owner of the Plaintiff’s 781 square meters in the Gyeonggi-gun E, Gyeonggi-do. 2) On January 1, 1989, the said land was changed to the 2,582 square meters in the city of Sejong-si due to the administrative district change, and was divided into 459 square meters in the G king-si on May 4, 2010 on the instant land.

[2] Article 34(2) of the former Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (amended by Act No. 11017, Aug. 4, 201) on July 11, 201 with respect to the land of 459 square meters prior to the division (hereinafter referred to as “instant land”). The land expropriation adjudication was made on July 21, 201; accordingly, on July 21, 2011, the registration of ownership by subrogation in the name of K and the registration of ownership transfer in the name of king under the name of king on July 11, 201, D acquired on July 7, 1938 on the land of 459 square meters prior to G.

After that, I died on August 9, 1955, and the J (the father of the plaintiff) solely succeeded to the family inheritance and the deceased I's property.

2 The J died on January 17, 1991, and thereafter, the Plaintiff was managed by leasing, etc. the instant land. On August 20, 2013, the deceased and the deceased J, including the Plaintiff, agreed on the division of inherited property to inherit the instant land by the Plaintiff solely.

C. Regarding the instant land.

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