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(영문) 의정부지방법원 2016.11.08 2015가단116742
소유권보존등기말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The land survey division prepared during the Japanese occupation point period is indicated in the land survey division that C, which has a domicile in Gyeonggi-do Southern-gun B, has received the assessment of No. 1,136 square meters (hereinafter “instant land before division”).

B. The instant land before subdivision was divided into E 40 square meters, F 13 square meters, G 157 square meters (hereinafter “instant land 1”); and H 826 square meters (attached Form 2; hereinafter “instant land”). C. On April 18, 1938, 1938, the instant land before subdivision was divided into “I”, and the trust period is determined from April 18, 1938 to December 31, 1968 to “I”, and the real estate management trust agreement (hereinafter “real estate management trust agreement”).

B. B. The registration of ownership transfer is completed in the shipbuilding trust.

Before subdivision, the instant land was purchased under the former Farmland Reform Act, but only the F field 350 square meters was distributed among them, and the farmland distribution was not completed with respect to the instant land Nos. 1 and 2.

E. The defendant's registration of initial ownership of the land Nos. 1 and 2 of this case does not exceed each registration of initial ownership as stated in the purport of the claim.

(f) The rights and obligations of the shipbuilding trust were succeeded to by the Bank via the Korea Trust Bank, the Korea Trust Bank, and the Korea Light Bank. (g) On the other hand, I died on May 22, 1957 and succeeded to the Plaintiff’s property solely by succession. [Grounds for Recognition] 【The fact, absence of dispute, and Party A’s 1 through 29 (including a serial number; hereinafter the same shall apply).

No. 1 and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1 and the land Nos. 1 and 2 of the instant case are owned by the Plaintiff’s fleet C under the circumstances of the Plaintiff’s fleet.

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