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(영문) 의정부지방법원 2015.04.24 2014나54428
소유권말소등기
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Land Survey Board for the Yang-gun B, which was prepared during the Japanese Occupation Period, is written by D (hereinafter “D”) as the assessment title holder of the 377 square meters prior to the Gyeonggi Yang-gun C (hereinafter “B prior to division”).

B. The former land cadastre before subdivision (hereinafter “instant land cadastre”) was destroyed by Korean War, etc., and restored on February 12, 1958. At the time of recovery, the history column entered “F, G, and H at once” as “F, G, and H” and thereafter the said land cadastre parcel was changed from “C” to “E” to “377 square” to “168 square meters.”

C. On December 1, 1959, the land before subdivision was subdivided into “E former 168 square meters,” “F 102 square meters,” “G preceding 15 square meters,” and “H 92 square meters,” respectively (hereinafter each of the above land was modified into “E land,” “F land,” “G land,” “H land,” and “Seoul-do Yang-gun B” under the administrative district alteration to May 1, 1979; “Y-do Yang-gun U on April 1, 1980; “Seoul-gun U”; “Y-gun U on January 1, 1989”; and “Y-si” under the administrative district name as “Seoul-si V” as of January 1, 1995.

After the change of land category and conversion into the area, the above “E 168 square meters” was the land listed in paragraph (1) of attached Table 1, and the “G preceding 15 square meters” was the land listed in paragraph (2) of attached Table 2.

(hereinafter referred to as “instant land” in the attached Schedules 1 and 2). D.

On August 7, 1959, the defendant filed for registration of preservation of ownership on the land of this case with the Jung-gu District Court of Jungyang-ju registry No. 3647.

E. Meanwhile, upon the Plaintiff’s prior domicile of the Republic of Korea, “Seoul-si I” died on July 2, 1952, and the J died on March 20, 1956, K again succeeded to the property solely upon the death of his wife, children, M, N,O, P, Q, R, and the Plaintiff jointly succeeded to the property on June 17, 1998.

Since then, the above co-inheritors on 2013.

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