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(영문) 서울중앙지방법원 2018.08.23 2013가단5148397
소유권보존등기말소
Text

1. The defendant shall be the plaintiff.

(a) Serial 1 to 4, 6, 9, 10, 12 through 19, 21, and 22 listed in the Appendix 2 Schedule respectively;

Reasons

1. Basic facts

가. 일제 강점기에 작성된 토지조사부에 의하면, ‘경성부(京城府) 남부(南部) H’에 주소를 둔 I(J)이 경기 여주군 K 대 283평을 비롯하여 별지 제1목록 ‘사정 토지’란 기재의 각 토지(이하 ‘이 사건 각 사정토지’라 한다)를 같은 목록의 ‘사정 일자’란 기재의 각 날짜에 각 사정받은 것으로 기재되어 있다.

B. Each of the circumstances of this case had followed the procedure of division, merger, land category change, and area conversion, etc. as stated in the separate sheet No. 1 as shown in the separate sheet No. 2, and the defendant completed each registration of preservation of ownership in the name of the defendant as stated in the separate sheet No. 2.

(hereinafter referred to as "land of this case" in accordance with the sequences of real estate listed in [Attachment 2] C.

On the other hand, I (J) the plaintiffs' preference, who had a permanent domicile in "Masung L", was 1931 (fire 6 years).

4. On September 6, 1979, after the death of 16.16, Ma (the name before the opening of the name: N) succeeded to Australia and the property of Ma, and M was jointly inherited by the Plaintiff A (the United States of America), O (the United States of America, P), Q, R (S), T, U, V, and Non-Party B (C) and X.

The above X died on September 11, 1979 and jointly succeeded to X’s property, Y(Seoul), Z, AA, and AB, and the above W died on September 11, 2002 and jointly succeeded to W’s property by the Plaintiff,O, Q, X, R, T, U, and V, their children.

Among the land of this case 1 to 33, each land category of this case 5, 6, 8, and 9 is currently a river, and the land category of the remaining land is all the roads.

E. On February 13, 1912, AD (AD and permanent domicile: Innju-gun AE in Gyeonggi-do) was located on February 13, 1912. The land category of C road 154 square meters (509 square meters) was changed on the land. The above C road 154 square meters was combined with each land of AF, AG, AH, and AI on December 13, 1994 and became C road 3,219 square meters. In other words, C road 3.

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