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(영문) 의정부지방법원 2014.11.25 2014가단103336
소유권보존등기말소 등
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The Land Survey Division prepared with respect to “F” during the Japanese occupation period, No. 1 List No. 1

1. to 1.

7. 기재 각 토지(사정 연도: 1913년)의 소유자로 ‘마전군(麻田郡) J’에 주소를 둔 K이 등재되어 있다.

Each of the above lands is destroyed and lost, and the cadastral record was restored on February 28, 1980, but the owner is in an unrepared state, and the owner is in an unregistered state.

B. The land investigation division prepared with respect to the “YY L” during the Japanese occupation period is registered as the owner of each land listed in the [Attachment 1] list 8. (The year when the assessment is made: 1913) and the second list (the year when the assessment is made; the year when the assessment is made; the year when the assessment is made; and the year when the land Nos. 1 and 2 is 1913).

Attached Form

Schedule 1 Serial

8. Land has been destroyed and lost in its official cadastral record on December 31, 1965, and the owner column entered N and is unregistered.

[The owner’s column for the land cadastre restored is not recognized, so the Plaintiff is bound to seek confirmation of ownership against the Republic of Korea. The Plaintiff is bound to seek confirmation of ownership. On the other hand, Defendant H completed registration of ownership of each land listed in the separate sheet No. 2, Sept. 28, 1992.

[Ground of recognition] Evidence Nos. 1-1 to 10, 13-3, Gap evidence Nos. 4-1 and 4-2, the purport of the whole pleadings

2. Since the plaintiffs' increased portion of the plaintiffs' assertion is the same as K, which is the name of each land listed in the separate sheet Nos. 1 and 2 (hereinafter "each land of this case"), K, which is the name of each land listed in the separate sheet Nos. 1 and 2, the plaintiff's increased portion of the plaintiffs' increased portion of the land of this case was originally acquired, and the plaintiffs succeeded to K with increased portion of the plaintiffs. Thus, the plaintiffs

Therefore, the defendant Republic of Korea has a duty to verify that each land listed in the separate sheet No. 1, unregistered, is owned by the plaintiffs, and the defendant H has a duty to implement the procedure for cancellation registration of each registration of preservation of ownership completed in its own name.

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