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(영문) 서울고등법원 2017.03.24 2016나2066231
소유권보존등기 말소
Text

1. Revocation of the first instance judgment.

2. As to the land stated in the separate sheet No. 1, the defendant against the plaintiffs.

Reasons

Basic Facts

According to the land survey report prepared in the Japanese occupation period, the land survey report entered into on November 30, 1913 includes the fact that the R with the domicile in the AI located in Yang-gun, Yangju-gun, Gyeonggi-do. According to the forest survey report, the land survey report entered into the land survey report entered into on June 28, 1918, and the fact that the X-gun and YJ-dong, which had the domicile in the Yangju-gun, were jointly reported on June 28, 1918.

In addition, in around 1917, part of "AI" was incorporated into "Nuri" due to the reorganization of administrative districts.

Each of the above lands became the land listed in the separate sheet (where each of the lands listed in the separate sheet is referred to as “0 land” in the separate sheet following the change of administrative district and unit conversion. As to the land of this case No. 1, the Jung-gu District Court of the Republic of Korea was received on July 19, 1996, No. 45802, Oct. 28, 1994; as the receipt of No. 54149, Oct. 28, 1994; as to the land of this case No. 3 through 6, the registration of preservation of ownership in each of the Defendant’s name was completed on December 11, 2014, as the receipt of No. 16450, Dec. 11, 2014.

On the other hand, AD, an ex post facto son of AC, who died on May 12, 1929 and died without the latter, succeeded to the family head's succession and property. AD died on February 26, 1970, upon the death of AE, A, A, A, A, B, A, A, and AD, who died first of the wife, succeeded to AD's property. AE died on August 8, 1975, and thus, AE died on his/her own as his/her heir, the Plaintiff, A, B, C, C, H and the said Plaintiff died on July 15, 1998, and thus, AD succeeded to the property of AE, AE, A, A, A, B, A, A, A, and C as his/her heir, the Plaintiff and son's heir (CF), A, A, B, A, A, A, A, A, A, A, A, A, A, A, and C's heir.

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