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(영문) 서울중앙지방법원 2016.06.09 2015가단5347488
소유권보존등기말소등
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. In the land survey division of Gyeonggi-do H, drafted under the Japanese occupation period, I written I as follows: J J 549 square meters and K 395 square meters; and I’s address column is the official column.

(hereinafter referred to as “instant land”) B.

As to the land listed in Section 1 of Schedule 1, the defendant registered with the Seoul Central District Court on October 14, 1996, No. 54293, and No. 64624, which was received on June 26, 1991, and the land listed in Sections 3 and 4 of Schedule 1 and 1 and 2 of Schedule 2, each of which was registered with the Seoul Central District Court on August 29, 191, respectively.

(The lands listed in paragraphs 3 through 6 of the attached Table 2 are the same lands as those listed in paragraphs 1 through 4 of the attached Table 1; hereinafter referred to as “the land in this case” in addition to the lands listed in the attached Table 1 and the lands listed in paragraphs 1 and 2 of the attached Table 2. 【The land in this case’s dispute. 【The grounds for recognition】 Each entry in the attached Table 1, 4, 6, 8, 10, 12, 14 and 16

2. The assertion and judgment

A. The plaintiffs' assertion L, the fleet of the plaintiffs, was subject to the assessment of the land of this case, and the plaintiffs inherited the land of this case divided from the land of this case through L, South-North M, etc.

However, the defendant made a registration of preservation of ownership without title to the land listed in the attached Table 1, which is owned by the plaintiffs, and obtained profits by occupying and using the land listed in the attached Table 2 as a road without any legal cause, and thereby suffered losses to the plaintiffs.

Therefore, the defendant is obligated to cancel the registration of ownership preservation for the land listed in the attached Table 1 and return unjust enrichment obtained by occupying and using the land listed in the attached Table 2 to the plaintiffs.

B. The land owner is assessed in the land survey project conducted under the land survey order under the relevant legal doctrine of Japan.

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