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(영문) 광주지방법원 2020.05.08 2019나58796
소유권확인
Text

1. Revocation of the first instance judgment.

2. The Defendant’s deposit with the Gwangju District Court No. 7908, Dec. 13, 2018 98,045.

Reasons

1. Facts of recognition;

A. The JJ of the Nam-gu Gwangju Mine-gun was established in 1988 and became the Gwangju Mine-gu Ldong in 1995 and became the Nam-gu Ldong in 195.

C With respect to the land of 423 square meters and 340 square meters in D miscellaneous land (hereinafter “instant land”), the registration of transfer of ownership was completed in the name of E on November 23, 1973 as the receipt of No. 7952 on November 29, 1958 due to the sale as of November 23, 1973.

B. The Defendant, as the project implementer of M development projects, expropriated the instant land through the adjudication of expropriation by the Seoul Metropolitan City Regional Land Expropriation Committee in relation to the said project, and completed the registration of ownership transfer with respect to the instant land under the name of the Defendant on December 27, 2018, by designating the cause of deposit as “E, Mine-gun K,” and “Article 40(2)1 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor” as “Article 40(2)1 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor,” with the reason of deposit as “Article 7908 of the Act on the Acquisition of Land, etc. for Public Works Projects.”

C. The Plaintiff’s father F died on May 2, 1975. The inheritor, who was the spouse, agreed on the division of the inherited property owned by the Plaintiff on August 29, 2018. The Plaintiff’s father F died on December 30, 2005, and children O, P, Q, R), S, Plaintiff, and T. The heir agreed on the division of the inherited property owned by the Plaintiff solely on August 29, 2018.

【Unsatisfy-based dispute on the ground of recognition】 The evidence Nos. 1, 2-1 through 4, 4-2, 9, 13-1 and 2-2, and the purport of the whole pleadings

2. Determination as to the cause of action

A. On the copy of the register, whether E and the plaintiff's predecessor F are the same person, Gap evidence 2-1 through 3, Gap evidence 6, Gap evidence 7-1 through 3, Gap evidence 8-2, Gap evidence 12, Gap evidence 14-1 through 6, Gap evidence 15, Gap evidence 17, Gap evidence 18-1 through 3, Gap evidence 20, 21, Eul evidence 24-1 and 2, respectively.

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