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(영문) 서울중앙지방법원 2015.05.08 2014나49240 (1)
소유권보존등기말소 등
Text

1. Of the judgment of the first instance court, the part against the plaintiffs against the defendant Republic of Korea shall be revoked.

2. Defendant Republic of Korea shall:

Reasons

1. Facts of recognition;

A. According to the Land Survey Division drawn up during the Japanese Occupation Period, the Gan-gun Group D 508 E (hereinafter “instant assessment land”) is investigated as being subject to the investigation of the situation of the Gan-gun, Gyeonggi-do, the Gan-gun, the Gan-gun, the Gan-gun, the Gan-gun, the Gan-gun, and the Gan-gun, the Gan-gun, the Gan-gun, the Gan-gun, the Gan-gun, the Gan-gun, the Gandong, the Gan-gun, the Gan-gun, the Gan-gun, the Gan-dong, the Gan-dong, the Gan-dong, the Gan-dong, and the Kan-dong, the Gan-dong, the Gan-dong,

B. The instant assessment land was divided into F 153 square meters on September 25, 1962 and G 355 square meters on September 25, 1962. Among them, F land was replaced with C 61 square meters on November 14, 1979 (hereinafter “instant land”).

C. Defendant Republic of Korea completed the registration of ownership preservation on the instant land on October 31, 1985, and Defendant Republic of Korea completed the registration of ownership transfer on January 11, 1995 by Pakistan Farmland Improvement Cooperatives, a telegraphicul of Defendant Korea Rural Community Corporation, on the grounds of sale.

E (E) as the conciliation division of the plaintiffs, which has the permanent domicile in Jongno-gu Seoul Metropolitan Government H, died on February 4, 1915, and the head of Jongno-gu M (E) who is the family heir (I of January 28, 1917, J of the G of the G of the G of the G of the G, September 29, 1917, and the G of the G of the G of the G of the G of the G of the G of April 17, 1918) has succeeded to the sole inheritance.

E. M, on November 15, 1972, died on November 15, 1972, N (2/13 of the shares in inheritance), O (1/13 of the shares in inheritance), Plaintiff A (64/17 of the shares in inheritance) who is male, and Plaintiff B (4/13 of the shares in inheritance) who is South Korea, jointly succeeded to the inheritance. N on December 24, 1981, died on December 24, 1981, O [the shares in inheritance = 11/17 (1/13 + 2/13 x 1/9)], Plaintiff A [the shares in inheritance + the shares in inheritance + 62/117 (the shares in inheritance + 2/13 + 4/13 x 4/9)] who is South Korea, and Plaintiff B [the shares in inheritance + 44/117 (the shares in inheritance + 4/13 x 4/13 9] who is South Korea x 413/13 of the inheritance.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Gap evidence 5 to 7 (including each number), the purport of the whole pleadings

2. Judgment as to the primary claim

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