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(영문) 의정부지방법원 2016.12.02 2015가단123252
소유권이전등기말소
Text

1. The Defendants shall pay to the Plaintiff each share in the “share” column corresponding to the attached Table among the land listed in the attached list.

Reasons

1. Basic facts

A. BD purchased from BE on March 10, 1937 the BF 1,321 (hereinafter “land prior to subdivision”) and completed the registration of ownership transfer on the land prior to subdivision at around that time. However, when the register on the land prior to subdivision was destroyed due to the 625 incident, BD completed the registration of ownership transfer due to the destruction and recovery due to the sale on March 31, 1953 as the receipt of No. 5068, March 31, 1953, and March 10, 1937.

B. On July 1, 1968, the land before subdivision took place. At the time, BD entered the land before subdivision in the old land cadastre as above after having received the assessment of BG and completed the registration of ownership transfer due to destruction. Afterward, the land before subdivision was divided into BH 321 square meters (hereinafter “instant land”) and BI 1,000 square meters prior to BI (hereinafter “BI land”).

C. Land before subdivision is only the current land register, and there is no land cadastre or cadastral map.

On the other hand, although the land of this case has both the land register, the land cadastre and the cadastral map, the area on the register is expressed at 1,000 square meters larger than that on the register, and the registration of transfer of ownership due to the destruction and recovery of the name of BJ, BK, BL, and BM was completed on February 29, 194 with the receipt No. 363 of February 5, 1954 as the receipt on February 5, 1954.

On February 5, 1954, the former land cadastre was restored in the name of BJ and three other than BJ, which completed the registration of transfer of ownership due to the restoration from destruction and loss, and thereafter the registration titleholder was entered as BD. However, the above mentioned was found to have been erroneous, and as a result, the current land cadastre was entered as BD was entered as having completed the registration of transfer of ownership due to the restoration of destruction and loss as shown in the former land cadastre.

BI land is present.

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