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(영문) 서울중앙지방법원 2018.11.30 2018가합543524
소유권말소등기
Text

1. Of the counterclaims by the Defendant (Counterclaim Plaintiff), 11/21 shares out of the real estate listed in the attached Table No. 6 of the real estate list.

Reasons

The principal lawsuit and counterclaim shall be judged together.

Basic Facts

Attached Form

The real estate listed in paragraph (1) of the attached list of real estate listed in the list of real estate listed in paragraphs (1) through (4) of the attached list of real estate (hereinafter referred to as "real estate 1", etc.") was assessed against C on July 25, 1918, and on April 1, 1914, each real estate listed in paragraphs (1) through (4) of the attached list of real estate was assessed against C.

The ownership of the first real estate was transferred to E on December 1, 1935, and the ownership of the second through fourth real estate was transferred to E on December 19, 1935, respectively.

Each real estate of paragraphs 1 through 4 is currently unregistered, and the above E is its owner on the land cadastre.

Attached Form

E, who has a domicile in F with respect to each real estate G in accordance with paragraphs 5 and 6 of the list of real estate list, filed a complaint for objection against the decision that found the status of 34,016 square meters of 3 forest land - 4 m2 (34,016 square meters) in Hanam-si, Seoul Special Metropolitan City (Yri-gu, Gyeonggi-do) among forest survey projects at the time of Japanese colonial era.

On April 30, 1934, there was a ruling on the purport that the forest land of 1,66 m2, which is part of the above real estate, is owned E (hereinafter “the instant ruling”). According to the purport of the said ruling, the said I forest was divided into the forest land of 1,66m2 (16,61m2, hereinafter “J real estate before restoration”) and the forest land of 1,66m2 (16,61m2, hereinafter “the said real estate”) owned by Hanam-si and Hanam-si, Hanam-si, Hanam-si.

On the other hand, the adjacent land of K forest in South and North Korea (hereinafter “K real estate before restoration”) was owned by the State.

On February 15, 1967, the cadastral record on the I-Japan Forest was entirely destroyed due to the 625 incident, and the cadastral record was destroyed on February 15, 1967 (hereinafter “instant cadastral restoration”).

After the cadastral restoration of this case, the J Forest is identical to the real estate listed in paragraph (6) of the attached Table 6 of the Real Estate List (hereinafter “J real estate after the restoration”), and the K Forest after the cadastral restoration of this case is identical to the real estate listed in Paragraph (5) of the attached Table 5 of the Real Estate List.

(hereinafter referred to as “K Real Estate after Restoration”). The forest register of J Real Estate after Restoration shall be entered.

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