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(영문) 서울중앙지방법원 2011.11.04 2010가단464550
소유권보존등기말소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. According to the Land Survey Book concerning Gyeonggi-gun F prepared by the Ministry of Land, Infrastructure and Transport for the Japanese Occupation Period, the Ministry of Land, Infrastructure and Transport stated that the Defendant (hereinafter “instant real estate”) was under the circumstances of 749 square meters prior to G, G (the unit conversion of the area, and change of the name of the administrative district, thereby making the change of the name; hereinafter “instant real estate”).

B. In the repayment ledger for the Gyeonggi-Pacific-gun F, the Plaintiff entered H(H and address: I) in the entire owner column of the instant real estate, and stated that the said real estate was distributed to J with the land located in four parcels located in the same F, with the repayment period fixed from March 25, 1950 to December 31, 1954 (short-term 4287) (short-term 4283) (short-term 4287). However, there is no entry that the farmland price has been completed.

On the other hand, the management farmland management situation table prepared in the Gwangju-gun includes the following: “Waiver” and “FK” as the grounds for managementization concerning the real estate of this case; and the distribution farmland disposal book prepared by L pages around May 7, 1963, in which “H” is entered as the former owner with respect to the real estate of this case.

C. The land cadastre of the Gu that was destroyed by the Korean War and restored from the restoration is indicated as the owner of the instant real estate as the “H” who has the address in the Gyeonggi-gun as the owner.

After the registration of ownership preservation on the instant real estate was completed on October 10, 1956 (Short-term 4289), the registration of ownership transfer under the name of the defendant was completed on October 13, 1960, from the receipt of No. 13858 on December 26, 1968 to the Sungwon-nam Branch Office of Gwangju District Court, Sung-nam Branch Office of Gwangju District on December 26, 1968 (hereinafter “instant registration of ownership transfer”).

E. Meanwhile, on October 10, 1955, H died at G, the legal domicile of the Plaintiffs, G, the G, the legal domicile of which was G, G, the G.A.

Accordingly, M, his father, separately inherited H’s property, and M, on August 9, 1970, died of M, who is the father and children of N and P, and died of P before M. died.

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