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(영문) 수원지방법원 2018.04.12 2017나68783
소유권이전등기
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. At the time of the land survey conducted during the Japanese occupation period, the land survey division written out on October 1, 1910 stated that E, who had an address in Ansan-gun D, Ansan-gun, Gyeonggi-do 2,008, was subject to the assessment on the land survey conducted on the said date.

B. In 1914, the name of the administrative district was changed to the Gyeonggi-do Siri-gun, Gyeonggi-do, and on October 1, 1992, the name of the administrative district was changed to the X-dong in Ansan-gu.

C. The answer 2,008, Gyeonggi-do, CY 2,008, was divided into Anyang-si, YY 1,320 and Z 688, and the AAA cadastral record restoration disclosure statement made on February 4, 1952, is written in Gyeonggi-do AB response 1,320 and the AC response 688, respectively.

The land in this case is the land divided from the 688 Z field in Ansan-si, and the time of the division is not clear.

The former land cadastre concerning the Z land in Ansan-si appears to have been restored for the first time from around 1973 to the area of 688 square meters. It is stated that on June 20, 1975, the area was corrected at 329 square meters by the cadastral error, and that on November 20, 1931, the ownership of the above land was transferred to the Republic of Korea (hereinafter “the Republic of Korea”).

On the other hand, the land in this case was restored on June 20, 1975 and registered on the land cadastre.

E. The old register (registration number AD) of the closed register (registration number AD) relating to the 688 square meters in Ansan-si was transferred to AE on July 5, 1979 by the Supreme Court Rule 527 on July 5, 1979.

On March 30, 1942, the registration was made on March 30, 1942, and the registration was made on January 7, 1963 by change of administrative district and name.

On July 5, 1979, there is a statement on the purport that the registration was corrected in 329 square meters in Ansan-si due to cadastral errors.

On December 10, 1941, the registration of ownership transfer was completed in the name of the Republic of Korea on March 30, 1942.

F. As to the land of this case, the land of this case is about 2006.

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