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(영문) 의정부지방법원 2020.11.26 2020가합53019
손해배상(국)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. C’s land condition, Defendant’s registration, and land division 1) C’s land size on October 1, 1913 (hereinafter “land before subdivision”) is 4,076 square meters (hereinafter “land before subdivision”).

(2) On August 23, 1960, the Defendant completed the registration of initial ownership in the name of the Defendant on the land before subdivision, for the State-owned forest ledger (reverted to the State-owned forest ledger).

3) ① On November 26, 1971, the land before subdivision was changed to the F Miscellaneous land F 3,306 square meters, G miscellaneous land to the road on July 3, 1991, and the land category was changed to the road;

hereinafter referred to as “second-party land”

(2) On March 30, 1990, the F miscellaneous land was divided into 3,03 square meters and 3,306 square meters and 639 square meters in I miscellaneous land (this land was converted into a road on July 3, 1991).

(3) On March 17, 2000, F miscellaneous land 1,895 square meters (hereinafter “1 land”) was re-divided as a re-divided one, and 3,000 square meters in F miscellaneous land 2,667 square meters.

) and J Miscellaneous land 772 square meters (hereinafter referred to as “fourth land”)

(4) On March 17, 2000, I road 391 square meters (hereinafter referred to as “third land”) was divided into the following:

) and K-road 248 square meters (hereinafter referred to as “five land”)

B. Around October 13, 1971, L et al.: (a) the agreement on division of inherited property of L et al.; (b) the filing of a prior suit; and (c) L, M, N, andO (hereinafter “L et al.”) died on October 13, 1971; and (d) L et al. inherited property of L et al. was inherited by inheritance at the respective shares of L 6/12, M M 4/12, N, andO around March 199.

2) On December 2, 1998, L et al. asserted against the defendant that the above ownership preservation registration under the defendant's name was completed on December 5, 1999 on the part of the Seoul District Court's branch court's 98da5055, 99da34 (a co-owner's leader P is the same person as C and the same person, who is a real name of the land before the division, and on the part of the Government prior to the division into land Nos. 1, 3, 4, and 5, and land Nos. 3,306 square meters, and land No. 2, and the above ownership preservation registration under the defendant's name as to land No. 2 was revoked, but the judgment was rendered against the defendant on October 5, 199.

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