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(영문) 서울중앙지방법원 2016.11.28 2014가단139265
소유권이전등기등
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties, or in Gap evidence Nos. 1, 2 (including paper numbers), Eul evidence Nos. 3, 4, and 5 (including paper numbers), as a result of the commission of appraisal to the branch offices of the Korea National Land Information Corporation in this Court, as a result of the commission of appraisal to the branch offices of the Korea National Land Information Corporation in this Court, based on the results of the inquiry and the entire purport of the pleadings.

S was found to be the owner of Gyeonggi Won-gun T& 267 square meters through the land survey project implemented during the Japanese colonial era.

B. The said T land was divided into the parts used as a road between the same U, V and the said two lands prior to 1911, and the road section was later incorporated into W road, and thereafter, it was changed into part of the area of the land of Suwon-si X road 569m2 in Suwon-si, Suwon-si, the land listed in the attached Table No. 1.

However, the portion used as a road other than the portion divided into U and V land before the said subdivision is 240 square meters in the ship (hereinafter “instant land”) connected each point of the attached Table 7, 8, 15, 16, 26, 27, and 7, and is used as a road until the date of closing argument of the instant case.

C. The land in this case is included in the Z in the public announcement of the alteration of the urban planning in Suwon City as of June 11, 1969, and after June 12, 1969, Defendant Suwon City is managed.

Defendant Republic of Korea is registered as owner on December 30, 1969 with respect to the land listed in Attachment List No. 1, and completed registration of preservation of ownership on July 23, 1996.

2. The assertion and judgment

A. The plaintiffs alleged that they were the descendants of the deceased S, who were assessed as the owners of the land of this case, acquired the ownership of the above land through inheritance. Since the defendant Republic of Korea is registered as owners of the above land and thereby interferes with the plaintiffs' exercise of ownership, the defendant Republic of Korea is obliged to implement the procedure for the registration of transfer of ownership based on the restoration of real name with respect to the above land.

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