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(영문) 서울중앙지방법원 2015.11.26 2014가합587151
소유권말소등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the respective entries and arguments in Gap evidence 1 to 6 (including paper numbers).

일제 강점기에 작성된 토지조사부에 경기 양주군 D(이하 ‘D’로 약칭) E 답 2,043평(이하 ‘이 사건 분할 전 토지’)의 소유자로 “京城府 西部 夜珠峴(경성부 서부 야주현)”에 주소를 둔 “F”이 기재되어 있다.

B. Each land listed in the separate sheet has been divided from the land before the instant partition (However, the land listed in paragraph (1) in the separate sheet became 79m2 as of February 26, 2015 and April 1, 2015, and the land listed in paragraph (2) in the separate sheet became 15m2 as of February 26, 2015 and April 1, 2015, and the land listed in paragraph (2) in the separate sheet became 15m2 as of April 1, 2015 are as follows.

1) On December 20, 1958, the land prior to the instant subdivision was divided into 1,136 G 1,136, H 418, I 418, and I 489 G 1,136 according to the unit conversion, and following the change of the administrative district name, G 1,136 G 1,136 G 3,755 square meters in Yangju-siJ (hereinafter “J”) and H 418 square meters in L 1,382 square meters (attached Form 2), I 489 square meters in L 1,617 square meters in M Y 3,75 square meters in total, and 485 square meters in lots (attached Form 1,75 square meters in lots), and the land area was divided into 3,755 square meters in lots (attached Form 2, 370 square meters in lots) on September 10, 2010.

On September 28, 2011, M M 1,617 square meters divided from M 1,617 square meters, M 1,001 square meters (the land indicated in paragraph (5) of the attached Table) and M 1 was the area of 616 square meters (the land listed in paragraph (3) of the attached Table).

C. The Defendants completed the registration as follows with respect to the land partitioned from the land before the instant partition.

1) On October 6, 1959, Defendant Republic of Korea completed the registration of initial ownership relating to G 1,136, H 418, and I 489 square meters. (2) Defendant deceased Panansan Crean Crean Crean Crean Crean Crean Crean Crean Crean Crean Crean Crean Crein (hereinafter “Defendant clan”) on April 14, 1989, 3,75 square meters of G 1,75 square meters.

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