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(영문) 서울고등법원 2018.02.21 2017나2050240
소유권말소등기
Text

1. The part of the judgment of the court of first instance regarding the lawsuit shall be revoked.

2. All the principal lawsuit of this case shall be dismissed.

3...

Reasons

1. Facts recognized;

A. In relation to the status of the parties (1) The plaintiff clan is a clan with PC 8-year-old Q and 9-year-old R as a common ancestor.

(2) R set up ASEAN, under S, and S set up T, the first ASEAN, the second ASEAN, the third ASEAN, V, the fourth ASEAN, WW, the fifth ASEAN X, the fifth ASEAN, and the fifth Y.

Plaintiff

The detailed guidance of a clan shall be as shown in the attached Table 3's clanm.

(3) The defendant clan is a clan of which X is a middle Si.

B. Since 1910, the Korean Ministry of Land Survey and the Ministry of Land, Infrastructure and Transport performed the land survey project throughout the discharge of Korea.

The details of the circumstances at the time of the land survey project on the land related to the instant case and the details of registration of preservation of ownership completed thereafter are as follows.

(1) The land assessed against AB, AC, AD, AE, AF, and AG was assessed against 2,052 Z in the Gyeonggi-gun, Gwangju-gun (hereinafter “Z land before the instant partition”) and 956 Z land before AA (hereinafter “AA land before the instant partition,” referring to “the instant land before the instant division,” and “the instant situation land” referring to the land before the instant division and the AA land through the title of “AB,” hereinafter).

In addition to the land in this case, the land shall be specified only by the name and lot number of the minimum administrative district where the land is located for convenience, except where it is necessary to state the land category, area, etc. from the next day of the land assessed against AB and five persons other than the land in this case.

Ro There are land BX, BY, Z, CA, and CB.

(B) ① AB (Death of January 30, 1942) and AG (Death of December 22, 1945) are descendants of X that come into existence by the Defendant clan, ② AE (Death of June 16, 1919) are descendants of V, ③ AC (Death of July 6, 1940), AF (Death of August 8, 1920), and AD (Death of April 3, 1923) are descendants of W.

(C) The defendant clans are divided into AO and AP, respectively, on October 20, 1973, under the initiative of the defendant clans, which is the clans and the grandchildren of AB.

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