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(영문) 수원지방법원 2015.06.02 2014구합52900
소유권이전등기말소 등
Text

1. The Defendant: (a) KRW 22,272,90 for Plaintiff G and KRW 6,074,427 for Plaintiff B, and KRW 4,049,618 for Plaintiff C, D, E, and F, respectively.

Reasons

1. Basic facts

A. In the Land Survey Book drawn up during the Japanese Occupation Period, H’s address column was written on March 30, 191, stating that the status of address column was 573 square meters before Suwon-gun I (hereinafter “instant assessment land”) (hereinafter “instant assessment land”).

B. After the land category was changed to a river on June 3, 1958, the assessment land in the instant case became the 1894 square meters of the I river in Sungsung-si through the registration of conversion into the area, the change of administrative district, etc., and registration of preservation of ownership was completed in the name of the Republic of Korea on March 27, 1996.

C. On Jan. 23, 1949, H, the Defendant’s prior domicile in Suwon-gunJ (a change of administrative district, which became the JJ) died, and on Jun. 12, 1976, K independently performed the inheritance of Australia and/or the inheritance of property. On Jun. 12, 1976, K died and L, the family heir and his wife at the time, as the family heir, and R, the Plaintiff G (which between K and L, as the children of M, G, N,O, P, Q, and all of them died before K was adopted, but the adoption was terminated before K died), and L died on Apr. 7, 1979, and the deceased deceased on Apr. 1, 197, and Plaintiff 1/2, respectively, shared the inheritance of the shares of Plaintiff 1/31/13 of the inheritance of the shares, and Plaintiff 2/131/2 of the inheritance of the shares of Plaintiff 1/2, the surviving spouse died on Feb. 1313, 2014.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;

3. Determination

A. We examine whether H, the title holder of the assessment of the instant land, and H, the plaintiffs, are the same person. The address column in H’s land survey book, the title holder of the assessment of the instant assessment land, is a blank space, appears to be based on the prepared guidelines at the time of preparation of the Land Survey Book stating that the address of the land owner and the address of the owner are the same when the address of the land owner are equal. The legal domicile of H, the prior owner of the Plaintiffs, is the same as the legal domicile of H.

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