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(영문) 서울중앙지방법원 2017.09.05 2016가단5109003
소유권말소등기
Text

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

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

Reasons

1. Facts of recognition;

A. 1) Gyeonggi-gun-gun C Forest land 2,400 square meters (hereinafter “instant land before the instant partition”).

(2) The land before the division of this case was incorporated into a reserved forest under Article 1 of the former Forestry Decree (Ordinance No. 10, Jun. 20, 1911) as the "Public Notice No. 10, Jun. 20, 191), and the owner of the land before the division of this case was entered into the reserved forest under Article 1 of the former Forestry Decree (Ordinance No. 10, Jun. 20, 191), in the official gazette of the Joseon General Government on Apr. 11, 1932, in the official gazette of the Joseon General Government on Apr. 11, 1932, which was written in the notice above.

B. Registration of ownership preservation and division 1) The real estate registration register on the land prior to the instant subdivision was destroyed and restored. In the process, the registration of ownership preservation was made up of 2,380 square meters in Echeon-si through the change of administrative district, conversion of area, etc., and the Defendant Republic of Korea’s registration of ownership preservation (hereinafter “registration of ownership preservation of this case”) by the Suwon District Court No. 11472, Jun. 3, 1987, the Suwon District Court

(2) On September 22, 2003, the land prior to the instant partition was divided into 22m2 square meters (hereinafter “instant land”) from the land prior to the instant partition. Defendant Leecheon-si completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) on the ground of the acquisition of the land, etc. for the public works projects conducted on July 6, 2004 at Leecheon-si, Seoul District Court No. 4211, Aug. 18, 2004.

C. On March 28, 1952, H and I, the Plaintiff’s preferred position of the Plaintiff, established the permanent domicile in the Gangnam-gun of Gangwon-do, and ① H had been registered in the family register with the head of the household as the head of the Gu, which is a private village, and succeeded to H on March 28, 1952. ② As the above L died on March 30, 1952, family I inherited L in accordance with the former common law, and ③ was dead on April 2, 1952, and was the head of the Gu, the Republic of Korea.

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