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(영문) 서울고등법원 2017.04.14 2016나2043108
소유권확인
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. According to the land survey division of the Gyeonggi-gun C, which was prepared during the Japanese Occupation Period, the G, or H land (hereinafter collectively referred to as the “instant situation land”) in Yangyang-gun, Yangyang-gun, the Plaintiff’s father, on October 1, 1913 (F, G, or H land (hereinafter collectively referred to as “the instant situation land”).

B. On February 4, 1915, E died and succeeded to the property solely by the head of the family, as the head of the family, and on November 15, 1972, E inherited the property jointly by the Plaintiff, K, L, and L (hereinafter “Plaintiff, etc.”) according to the death of the J and his wife, who is his wife, and the Plaintiff, K, L, and J on December 24, 1981.

C. The instant assessment land became M through M through N,O through P, Q through R, S, T through U, V, or W from 1958 to 1959 through division, land category change, etc.

Of the above lands, the Plaintiff’s claim for confirmation of ownership is AD, AE, X through Y, AF, Z through AA, R, AB, and AC land (hereinafter “instant land before the instant annexation”), and the process of registration of the said land is as follows:

The registration process 1) X-Y, Z through AA, R, AB, and AC land (e) among the lands prior to the annexation of this case (e).

With respect to the land set forth in the table Nos. 1 through 19, between June 10, 1963 and May 19, 1971, the former Act on Special Measures for the Registration of Transfer of Ownership of Distributed Farmland (No. 613 of May 5, 1961) was amended in sequence by Act No. 1340 of May 2, 1963, and Act No. 1671 of December 31, 1964, and its effect was terminated on June 30, 1965; hereinafter “Distribution Special Assistance Act”).

(2) With respect to the land AD, AE, and AF (the sequence 20 to 25 of the table in sub-paragraph (e) below), among the land prior to the annexation of this case, the registration of ownership transfer was completed in the name of the Republic of Korea on January 18, 1962.

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