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(영문) 의정부지방법원 2020.08.25 2019가단130159
소유권보존등기말소
Text

The defendant, on November 1, 1997, filed with the plaintiffs with the Government District Court of the Dongcheon-gun E Forest and 16,463 square meters.

Reasons

1. Facts of recognition;

A. The forest survey report prepared during the Japanese occupation occupation period is indicated by the F as the forest land E in Gyeonggi-do (hereinafter “instant forest”) being the assessment of F.

B. The Defendant completed the registration of preservation of ownership (hereinafter “registration of preservation of ownership”) as stated in paragraph (1) of this case with respect to the forest of this case.

C. 1) G’s wife’s main body is Gyeonggicheon-gun Group H. On April 3, 1943, when the Plaintiff’s father died on April 3, 1943, G, in accordance with the former common law on inheritance of property before the enforcement of the Civil Act, died on July 3, 1972, and G died on July 3, 1972, G’s wife, G’s wife, Plaintiff D(ma), Plaintiff A(ma), Plaintiff B(ma), and Plaintiff C(Nam) inherited each of the ratios of 1:1:3:1:2.

Then, the J died on July 29, 1981, and the plaintiffs, children, inherited the property of the J in the same proportion.

As a result, I's inherited property was jointly inherited in proportion to the ratio of plaintiffs D, A, B, and C 5:13:5:9.

The plaintiffs filed a lawsuit seeking confirmation of ownership (Seoul Central District Court Decision 2008Gadan391802, 2009Gadan127985 (Consolidated)) against the defendant on the ground that I inherited the K, L, M, and N land in Gyeonggi-gun, Gyeonggi-gun, which was assessed under the Land Investigation Decree by Japan, and the decision of recommending settlement with respect to each of the above lands was final and conclusive, and won the lawsuit seeking confirmation of ownership against the defendant on the ground that I succeeded to the above lands by inheritance from I.

[Grounds for recognition] The entry of Gap evidence Nos. 1 through 10 and the purport of the whole pleadings

2. Determination as to the cause of action

A. The circumstances have been changed by an adjudication for a person registered as a landowner in the land research register of relevant legal principles.

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