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(영문) 서울중앙지방법원 2016.04.21 2014가합568761
소유권이전등기청구 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The net G was assessed against H 474 square meters in Gwangju-gun (hereinafter “instant land”).

(A) Although the date of receipt of the recorded circumstances is not accurately known, it is obvious that the date of death of net G from the next point of view is prior to the date of death).

The deceased G died on May 1, 1929, and the deceased I, the head of the deceased, succeeded to all the net G property by himself in accordance with the law at the time.

C. The deceased I died on January 16, 1970. At that time, the plaintiffs jointly inherited the property of the deceased I pursuant to the laws and regulations. The plaintiffs' inheritance shares are 10/108 of plaintiffs A63/108, B15/108, C, D, and E respectively.

On the other hand, the cadastral record of the instant land was destroyed at the time of the Korean War, and the Defendant Republic of Korea sold it to the J on November 8, 1969 after completion of registration of preservation of ownership by recovery of the instant land.

Since then, the land in this case was divided into the land of ten parcels, including each land listed in the attached list of real estate.

E. From September 2, 1994, the defendant Sungnam-si is registered as the owner of the land listed in paragraph 1 of the annexed Table of Real Estate (hereinafter “the land of this case”) and reaches the present point.

F. On March 14, 1970, Defendant F’s attached list No. 2 (hereinafter “instant land”) completed the registration of ownership transfer for the land indicated in attached Table No. 2 (hereinafter “instant land”) on the ground of “sale on March 10, 1970,” and Defendant F completed the registration of ownership transfer for the instant land No. 2 on August 20, 2003 due to Defendant F’s death in 2003.

G. As of December 28, 2015, the market price of land No. 1 in the instant case is KRW 124,020,000, and the market price of land No. 2 in the instant case is KRW 611,328,00.

[Ground of recognition] Gap evidence Nos. 1 through 5 (including branch numbers), Eul evidence Nos. 1 and 1-2, appraiser L's appraisal results, the fact-finding results on the correction of Sungnam City of this Court.

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