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(영문) 서울중앙지방법원 2015.10.21 2014가단251424
진정명의회복에 의한 소유권이전등기등
Text

1. As to the land indicated in the separate sheet, the defendant shall recover the title of the petition from the plaintiffs with respect to each of 11/38 shares.

Reasons

1. On December 30, 1957, basic facts (i.e., the first land before the division) was divided into 185 and 542 E prior to D on December 30, 1957, and the said E was further subdivided into 525 and 17 former E, and 542 E prior to September 24, 1987.

The foregoing D was converted into a lot of land and became “612 square meters in the previous 6.12 square meters” on December 20, 2005, and was divided into G into “466 square meters in the previous 4.6 square meters” as of December 20, 2005, and the above E was converted into a lot of land and became “1,791 square meters in the previous E” (hereinafter “2 land in the instant case”).

B. On December 30, 1957, H Note 297 (hereinafter “the second land before the division”) was divided into 80 square meters and J Note 217 square meters, and the former was converted into 264 square meters (hereinafter “the third land of this case”).

In addition, on April 1, 1989, the respective land addresses of this case were changed from "K in each city," to "L in each city," following the reorganization of administrative districts.

Secondly, the Republic of Korea made registration of preservation of ownership on each of the land of this case as shown in the separate sheet.

The report, the application for compensation, the compensation ledger, etc. prepared by the Farmland Reform Act include that M is the owner of each land before the division, who has filed an application for compensation and the payment of compensation.

(v) Around November 6, 1956, N, the Australia’s heir, inherited the property solely on his own. On February 20, 1996, N, the spouse’sO jointly inherited the property at the ratio of 3/19 shares, children P, Q, R, S, T, U, and the plaintiffs 2/19 shares. On June 15, 2007, theO died and died on June 15, 2007, and the P, Q, the plaintiffs (the children between N and non-party V) jointly inherited the property at the ratio of 1/4 shares.

The Plaintiffs acquired the Plaintiffs’ inheritance shares in each of the instant land from P and Q around September 2014.

[Grounds for Recognition] Unsatisfy, Gap evidence 1 to 7, Eul evidence 1 to 3 (including each number), the purport of the whole pleadings

2. Determination

A. The plaintiff alleged M. M.

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