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(영문) 서울중앙지방법원 2019.08.22 2019가합509903
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

According to the Land Survey Book prepared during the Japanese occupation period of the land situation, the Gyeonggi Yang-gun Co., Ltd. 5,210 square meters (hereinafter “instant assessment land”) is indicated as being under the circumstances of E, the address of which is located in the Gyeongsung District D on October 18, 1913 (2 years in 1913, 2 years in 1913).

On the other hand, "Friju-gun of the Gyeonggi-do" was finally changed on January 1, 198 through several changes in administrative districts to "Seoul Special Metropolitan City Nowon-gu Dong" on January 1, 198.

The instant land for cadastral restoration was destroyed due to a disaster, etc. that occurred in June 25, 1958, and cadastral records were divided into HRR 55 square meters (1,835 square meters, hereinafter “the previous land”). The land cadastre at the time was registered as the owner of the previous land.

On December 15, 1964, the defendant, such as registration of preservation of ownership, division, and merger of land, completed registration of preservation of ownership in the name of the defendant (National Railroad Authority) on the previous land in this case.

(2) On November 28, 1986, the previous land of this case was divided into 1,596 square meters and 239 square meters for J railway site (in the case of the land register, it was divided as above on March 30, 1979) and each land was combined with K and L, etc. on October 29, 199, with 40 square meters for B railway site in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, and 2,407 square meters for B railway site.

The location of the previous land in Nowon-gu in Seoul Special Metropolitan City, which was combined as above, is 1,835 square meters in part (A) connected each point of the attached Form No. 1,2, 3, 4, 5, 6, 7, 8, 9, and 1.

On December 16, 1881, M, the plaintiff's assistance in inheritance, was born to N, the plaintiff's assistance in inheritance.

M was originally registered on the family register of O(O and N) whose permanent domicile was "M, Goyang-gun P", but N was divided from the O's family register on July 13, 1922, and "M, Goyang-gun Q" was removed from the O's family register and entered into the N's family register when the family head becomes the permanent domicile.

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