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(영문) 서울중앙지방법원 2016.08.31 2014나12125
소유권말소등기
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On January 20, 1913, the Land Survey Division of Gyeonggi-do 585 square meters (hereinafter “previous land”) prior to the Jinyang-gun D (hereinafter “former land”) was under an assessment of E on January 20, 1913 (Seoul High-gun 2 years).

B. The previous land was partitioned into 344 square meters before F on January 17, 1961 and 241 square meters before G.

G Former 241 H was divided into 164 square meters before H on August 12, 1963.

H was divided from 142 to 36 July 30, 1970, the remainder of the land I and J land divided from 164 to 164.

On July 16, 1971, K had been divided into 32 square meters prior to K (hereinafter “land prior to land substitution”) and 4 square meters prior to L, and the land prior to land substitution was incorporated into M Housing Improvement Redevelopment Redevelopment Project Zone on January 10, 1980 and the procedure for division adjustment was taken place on August 21, 199, after the division adjustment was conducted.

C. In the old land cadastre (actually, land cadastre is divided from the previous land) of the previous land, E is indicated as transferring its ownership to the State on September 1, 194 (Fire 19 years), when the previous land was assessed.

Defendant Republic of Korea completed the preservation registration of the instant land before replotting on January 13, 1975, and thereafter the registration of the transfer of ownership was completed on the land before replotting in N and O name on May 13, 1997.

E. E, the assessment title of the previous land, died on March 19, 1942, and the South-North P solely inherited the net E’s property.

P on July 9, 1943, the adjudication of disappearance of July 9, 1943 became final and conclusive and Qu, the south of P, was solely inherited P's property.

Q died on December 14, 2003, and the plaintiff, S, T, U, and V, who are wife R and children, jointly inherited the net Q Q's property.

R died on October 18, 2010 and jointly inherited the property of the Plaintiff, S, T, and U as their children.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 6, Eul evidence 1 to 5 respectively.

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