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(영문) 서울중앙지방법원 2015.03.25 2013가단283943
토지소유권확인 및 부당이득금 반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Circumstances and the process leading up to registration of preservation of ownership (1) B is registered as the owner of the Gyeonggi-do Forest C Forest Land Survey Division prepared on July 29, 1919 (8 years in Taiwan) as the Gyeonggi-do Forest Land Survey Division (hereinafter “instant old Land”).

(2) On May 31, 1966, the old land of this case was divided into G-gun, G-gun, and F on October 29, 1983, and became the 79m20m2 and F-road in Gwangju City (hereinafter “each real estate of this case”), and D forests, etc. following the change of the administrative district name on March 21, 2001.

(3) On March 14, 1981, Defendant (Administration Gwangju City) completed the registration of preservation of ownership in the name of Defendant on June 14, 1996 (hereinafter “registration of preservation of ownership”).

B. Around September 13, 1958, (1) B died of the inheritance relation and the process of the lawsuit for cancellation of registration of ownership preservation, and due to B’s death without children, H, the wife of B, succeeded to the head of Australia and the property of B independently.

(2) On March 25, 1969, H died without any ex post facto birth, and his children, such as the next South I of his child, shared inheritance of H’s property.

(3) Around September 18, 1989, I died. Around September 18, 1989, J, one of the succession successors of I, is the successor to each of the instant real estate, and filed a lawsuit (Seoul Central District Court 2013DaDa231676) claiming the cancellation of registration of ownership preservation on each of the instant real estate against the Defendant, claiming that the registration of ownership preservation on each of the instant real estate was null and void, and was rendered a favorable judgment on January 8, 2014.

On January 28, 2015, the defendant appealed (Seoul Central District Court 2014Na7031), but the appeal was dismissed on January 28, 2015, and the above judgment became final and conclusive around that time.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 7, purport of whole pleadings

2. The party's assertion and judgment

A. The Plaintiff is the cause of the instant claim.

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