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(영문) 서울중앙지방법원 2019.05.22 2017가단78255
소유권보존등기말소 등 청구의 소
Text

1. As to Defendant B, C, D, E, F, G, H, I, J, K, and L with respect to the area of 288 square meters prior to M in the event of strike to Defendant B, C, D, E, F, G, H, K, and L.

Reasons

1. Facts of background;

A. On June 26, 1913, the Land Survey Book prepared around June 26, 1913, indicated that O, having an address in the “Nri-gun, Pakistan,” was 87 square meters prior to the Mari-gun, Pakistan (288 square meters prior to the Mari-si due to the change of administrative district after the change of administrative district; hereinafter “instant land”).

On April 1, 1914, the abolition of the military surface, etc. came into effect, and the "Nriririri" was changed to "Pririririririririri".

B. On May 7, 1996, the Defendant completed the registration of preservation of ownership (hereinafter “registration of preservation of ownership”) by Law No. 16392, which was received on May 7, 1996 from the Jung-gu District Court High Court High Branch Office, Goyang Branch Branch Office (Seoul High Court Decision 16392.

C. The net Q, as the deceased on January 14, 1927, succeeded to the inheritance of Australia and property as the Republic of Korea. The permanent domicile of the net Q’s family register is indicated as the "Paju-gun S".

On November 29, 1959, the net Q has died and succeeded to Australia and property solely.

The deceased on December 30, 1973, and the heir of the deceased on December 30, 1973, there are U.S., South Korea, Defendant B, Samnam, Defendant E, and Defendant C and D, who were married.

The deceased on July 20, 2017, and the heir of the deceased on July 20, 2017, there is a wife, G, H, I, J, K, and L.

If the shares of the defendant B, etc. in the property of the network are calculated, it shall be as specified in the attached list of shares in inheritance.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 and 15 (including branch numbers in case of additional numbers; hereinafter the same shall apply)

2. As to Defendant B, etc., the Plaintiff asserts that the prescription period for the acquisition of possession of the instant land has expired, and filed for the registration of the transfer of ownership based on the completion of the prescription period for the instant land, and for the cancellation of the registration of the preservation of ownership in subrogation of Defendant B, etc. against the Republic of Korea.

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