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(영문) 서울중앙지방법원 2018.10.30 2017가단5162544
소유권말소등기
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. On October 20, 1917, the Ministry of Land, Infrastructure and Transport stated that E, who has a domicile in the aforesaid Ri, was under the assessment of C forest land 35 Ma-7 Ma-2 (hereinafter “instant assessment land”) in the Ministry of Land, Infrastructure and Transport, which is the position of the Ministry of Land, Infrastructure and Transport in Yang-gun-gun, Yang-gun, Gyeonggi-do.

B. Australia F, which has a domicile in the Plaintiff’s fleet F Yang-gun G, Gyeonggi-do Yangju-gun G, married with H, had I (1927) J (1929), K (193.193.1), L (1936.6.1, 1938.1938.19), M (1939.1.1) , Plaintiff (1945.1947.1) , and N (1947.1) .

F On February 22, 1948, the death of the Republic of Korea on the death of the Republic of Korea, and the death of the Republic of Korea on February 1951 (J also died) and the above H succeeded to the Republic of Korea.

H Deceased on May 8, 1969, M died without descendants in around 2002, and the Plaintiff and N have jointly succeeded to the property.

On November 1, 2016, the Plaintiff and N have agreed on the division of inherited property with the land of paragraph 2 of attached Table 1 and attached Table 2 as the sole ownership of the Plaintiff.

C. The official cadastral records and the registry concerning the land of this case were destroyed by 6,25 columns. The previous official cadastral records and the registry concerning the land of this case were restored on July 1, 1968. As such, the previous official forest register concerning the land of this case was divided into P forests and fields (in the case of D Ri, only the lot number is stated in the case of D Ri) and divided into P forests and fields after the aforementioned division, and it was divided into Q through Q 324 square meters and R 25 square meters (hereinafter referred to as “O forest area after division”). In addition, at the time of the above restoration, the above land register was divided into 10-2 through 25 square meters, and the forest and fields were divided into 197-1 through 394 square meters, and the forest and fields were divided into 197-1 through 384 square meters, and the forest and fields were divided into 1984 square meters (hereinafter referred to as “O-20-100 square meters”).

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