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(영문) 수원지방법원 2019.05.22 2018나77036
소유권확인
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The registration is made in sequence transfer of ownership to H on December 12, 1924 (former 5 years), and on December 22, 1912, 1924 (former 5 years), D who resided in “C” was registered in the original land cadastre (No. 11, No. 7-1) of the old 428 square meters (hereinafter referred to as “instant land before the instant subdivision”); and on March 1, 1916 (former 5 years), D who resided in “C,” whose land category was previously owned as of December 12, 1924 (former 13 years), to F residing in “E” on December 12, 1924 (former 13 years), and to H residing in “G” on December 22, 2002.

In addition, the registration of ownership transfer is completed to H residing in “G” on December 22, 1924 after the registration of ownership preservation has been completed to F in the form of a book-type registry (Nos. 5 and 6) on the land before the division of this case.

B. On May 30, 1940 (Fire 15 years), the land before the instant subdivision was divided into B 53 square meters (hereinafter “53 square meters out of the land before the instant subdivision”) and T 375 square meters prior to the instant subdivision. Of the land before the instant subdivision, the land category was changed to a road on May 31, 1940.

C. Meanwhile, the land of Ansan-si was converted into the registration of V land on May 6, 1919 (Seoul-si eight years), and the ownership was transferred to H residing in G on December 8, 1932 (Seoul-si seven years), among which the ownership was divided on May 30, 1940, and the land category was changed to a road after the date of the change into the road, and the ownership transfer registration was completed in the name of W residing in G (hereinafter “H”) on December 22, 1924 with respect to the 24 square meters in the current registry.

However, from the land before the division of this case, 53 square meters out of the land before the division of this case, which was divided into 375 square meters before T on May 30, 1940, is recorded as B in the old book-type land cadastre (No. 11, No. 7-1, but in the old book-type register (No. 6, and No. 10) the former book-type register (No. 6, and No. 10), 53 square meters of the land before the division of this case.

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