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(영문) 서울중앙지방법원 2016.01.28 2014가단14663
소유권보존등기말소등기 등
Text

1. The Defendant (Counterclaim Plaintiff) shall attach the attached Form 1 and 2 to the Plaintiff (Counterclaim Defendant) among the lands listed in the attached Tables 1 and 2.

Reasons

1. Each land listed in the attached Table 1 for fact-finding shall be used as a road site.

In other words, it is used as the site of the general national highway No. 47.

(hereinafter referred to as "land Nos. 1, 2, and 3 of this case") with respect to the land Nos. 1 and 2 of this case, the registration of preservation of ownership in the name of the defendant was completed on Dec. 29, 1995 by the Gyeyang-gu Branch of the Suwon District Court and the Gyeyang-gu Branch of the Seoul District Court.

In relation to the land No. 3 of this case, the registration of preservation of ownership in the name of the I was completed on March 26, 1927 by the Inyang Branch of the Suwon District Court was received on March 26, 1927.

The land research division was registered as the owner at 1,257, which was the land before the division of the land No. 1 in this case, and at 2,296, which was the land before the division of the land No. 2 in this case, as the land research division.

Before dividing the land No. 3, the Gyeonggi-gun L. 642 was registered in the Land Survey Division as M.

Australia’s heir to I (Death of June 6, 1940) is the Republic of Korea N, and the Australia’s heir to N (Death of April 9, 1957) is the South-Nam G.

G died on April 26, 2002, and the plaintiffs are their successors, and the shares of inheritance are as shown in the attached Table 2.

Plaintiff

A is wife, Plaintiff B, C, and D, and Plaintiff E is its father, Plaintiff F, G, and H are their descendants.

I recorded in the Land Survey Board as the land owner prior to the subdivision of the land Nos. 1 and 2, I of the title of registration of ownership preservation of the third land of this case, and I of the plaintiffs are the same persons.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-1, 3-1, Gap evidence 4-1, Gap evidence 5-1, Gap evidence 6-7, and the purport of the whole pleadings

2. Determination on the main claim

A. As to the cause of the instant claim Nos. 1 and 2, there is no counter-proof that I was listed in the Land Survey Board as the landowner prior to subdivision of the instant land Nos. 1 and 2, and the content of the circumstances was changed by the adjudication, etc., and the circumstance was presumed to have become final and conclusive by the I. As such, the land prior to subdivision of the instant land Nos. 1 and 2 was originally acquired.

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