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(영문) 서울중앙지방법원 2018.06.07 2017나90003
소유권이전등기말소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, except for the parts added or written by the following paragraph (2). Thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. A portion used for adding or cutting;

(a) Forms II through III of the judgment of the court of first instance are as follows.

“1) The land before the instant partition was purchased by the Defendant on the condition of rescission that it would not be distributed to the self-employed farmer. Since each of the instant land divided from the land before the instant partition was determined not to be distributed, or was not distributed within the period prescribed by law, the ownership was reverted to D, the original owner.

2) In addition, since around 1925 and over 20 years from 1925, D acquired the ownership of each land of this case by the prescription, since it occupied the land of this case in a peaceful manner with its intention to own the land before subdivision, D acquired the ownership of each land of this case. Accordingly, D is obligated to implement the procedure for registration cancellation of each ownership transfer registration in the name of the Defendant with respect to each

A person shall be appointed.

(b)in Part III, following the third decision of the court of first instance:

1) Determination on the validity, etc. of registration of initial ownership

C. From Nos. 3 to 4 of the judgment of the first instance court, "On the other hand, according to the records No. 3-1, No. 7, and No. 6, and the fact-finding results with respect to the National Archives of this Court, D is recognized as the owner in the old land cadastre, cadastral record restoration report, farmland distribution-related documents (register perusal, farmland specification, farmland specification, etc.) concerning the land prior to the division of this case."

Gap evidence 3-1 through 3, 7, 8-1 through 3, 12, 13-1, 2, and 6, and the fact-finding inquiry inquiry reply to the National Archives of the court of first instance.

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