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(영문) 서울중앙지방법원 2017.10.27 2016가단5238253
소유권이전등기
Text

1. The Defendant has caused the Plaintiff to recover the true name with respect to one-fourths of one-fourths of one-fourths of the nine hundred and ninety-five square meters in Ansan-si.

Reasons

1. Basic facts

A. The Forest Survey Division prepared in accordance with the Forest Survey Project implemented during the Japanese Occupation Period includes four co-owners, including D, E, F, and G, etc. on December 15, 1918.

B. On the forestry register restored after the tidal bank, the forest land before the instant division was divided into the information about 2.17 forest land H and the information about 0.11 information (301 square meters) before the I in Gyeonggi-do and the information about 0.11 information (301 square meters).

C. Since then, the information of 0.11 before the I in Ansan-gun of Gyeonggi-do was 95 square meters (hereinafter “instant land”) at the time of Ansan-si of Gyeonggi-do through the area conversion registration, administrative district change, land category change, etc. D. The Defendant completed the registration of ownership preservation on August 28, 1998 as the receipt of the Suwon District Court’s Ansan District Court’s receipt of the instant land on August 28, 1998, and thereafter, the Defendant occupied and used the instant land as the site for the highway part of the Highway part of the G Highway.

E. On September 9, 1925, K, the Plaintiff’s fleet, died on September 9, 1925, and succeeded to L’s property, and L died on December 28, 1971, and the Plaintiff inherited L’s property solely.

F. Meanwhile, on July 6, 1971, registration of preservation of ownership was completed in the name of M on July 6, 1971 with respect to H 2.17 information on forest land in Ansan-si in Gyeonggi-do.

After that, on July 28, 1998, H 2.17 information was divided into 19,345 square meters of H forest and 132 square meters of N forest and 134 square meters of N forest and 2,044 square meters of O forest and 2,044 square meters of H forest in Ansan-si in Gyeonggi-do. On February 3, 2003, the 2,04 square meters of O forest and 1,964 square meters of O forest and 63 square meters of P forest and 17 square meters of Q forest were further divided into O forest and 1,964 square meters, respectively.

From July 28, 1998 to February 3, 2003, the Defendant paid compensation during M M, and completed the registration of transfer of ownership for the remaining forest land except for 1,964m2 in Ansan-si, Gyeonggi-do among the forest divided as above, due to consultation on public land.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 2, Gap evidence 5 and 6 respectively, and Gap evidence 10, Eul evidence 10.

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