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(영문) 울산지방법원 2018.09.04 2018가단56727
소유권말소등기
Text

1. The Defendant’s deposit with the Ulsan District Court No. 113 on February 28, 2017 at KRW 250,107,00.

Reasons

1. Basic facts

A. On March 3, 1912, 1912, with regard to 642 square meters prior to the subdivision, U.S., Ulsan-gun G, Ulsan-gun, the land before subdivision, I was considered as the owner and recorded on the old land cadastre.

B. The former G was divided into KRW 287 and KRW 355 on November 5, 1919, and the former G was divided into KRW 355 on the same day and the same category was changed to a road.

C. The above K road of 355 square meters is currently a road of 1,174 square meters in Ulsan-gu, Ulsan-gu (hereinafter “instant real estate”) due to the change, etc. in the administrative district jurisdiction, and it is unregistered land.

The Defendant deposited KRW 250,107,00 in accordance with the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor, on February 28, 2017, on the ground that on August 6, 2015, the Defendant publicly announced the determination of a road zone for the construction of the Ulsan-dong Madong-Ndong Ogwon, and the recipient of the compensation for expropriation of the instant real estate was unknown after he/she intended to expropriate the instant real estate, and deposited KRW 250,107,00 in accordance with the Act on the Acquisition of Land, etc. for Public Works and the Compensation for Land, etc. for the said real estate. The registration of ownership was completed in the name of the Defendant on March

E. The inheritance details of the plaintiffs were deceased in Gyeongbuk-gun Q, the permanent domicile of which was Gyeongbuk-gun, and died at the permanent domicile of June 21, 1936 (fire 11 year), and the head of South-Nam, the family heir, inherited the P's property solely.

R R died on May 30, 1947, and on May 30, 194, 1933. (Fire 8 years) 193.

8. 16. Death, TR’s son solely inherited the R’s property.

T was killed on October 9, 2004, and the Plaintiff A, B, C, D, E, and F, the spouse of U and F, were co-inheritors. However, U, on January 2, 2018, succeeded to the inheritance of the Plaintiffs, who were their children, and their inheritance shares were each 1/6 of the Plaintiffs.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 7, Eul evidence 1 to 4 (if any, including a serial number), the purport before oral argument

2. The assertion and judgment

A. At the time of land cadastre prepared in the era of Japanese colonial rule.

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