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(영문) 서울중앙지방법원 2016.04.08 2016나12686
소유권보존등기말소
Text

1. The part of the judgment of the court of first instance against the defendant as to each land listed in attached Forms 2 and 11 shall be revoked, and such part shall be revoked.

Reasons

1. Scope of adjudication of this court;

A. In the first instance court, the Plaintiff requested the Defendant to implement the procedure for registration of cancellation of each registration of preservation of ownership, which was completed in the name of the Defendant, as stated in the purport of the claim. The first instance court accepted the Plaintiff’s claim against each of the lands listed in attached Forms 2, 6, 7, 11, 12, 15, 16, 17, and 18, and dismissed and dismissed the remainder of the claim.

B. As to this, the Defendant appealed only for the part against the Defendant regarding each land listed in attached Forms 2, 11, 15, and 16, and the judgment prior to the remand was dismissed in entirety by the Defendant’s appeal.

However, the judgment of remand is reversed and remanded from the judgment before remanding each part of the land listed in paragraphs 2 and 11, while the defendant's appeal on each land listed in paragraphs 15 and 16 is dismissed. Thus, the scope of the judgment after remand is limited to the claim for the execution of the procedure for registration of cancellation of registration of preservation of ownership of each land listed in paragraphs 2 and 11.

2. Basic facts

(a) In the land survey division drawn up during the Japanese occupation point period, the land survey division written by C shall be written by stating that C has received the assessment of the following lands:

(1) Gyeonggi-gun-gun-gun-gun-gun M& 1220 square meters ( April 4, 1912), 1220 square meters (No. 4, 1912), 1217 square meters (No. 26, 1912)

B. The above land had undergone the process of cadastral recovery, division, merger, land category change, administrative district change, area-unit conversion, etc., where cadastral record and registry were destroyed due to the Korean War.

C. The land listed in the separate sheet Nos. 1 and 2 (hereinafter “instant land”) is divided from the said D land. The Defendant completed the registration of ownership preservation on the land of this case Nos. 1 and 2 on January 21, 1958.

(U.S. District Court No. 95) d.

Attached Form

The land listed in the list 11 (hereinafter “instant land”) is divided from the above M land, and the defendant is about the land of this case on November 25, 1958.

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