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(영문) 춘천지방법원 속초지원 2018.11.09 2017가단30479
소유권말소등기
Text

1. The plaintiff's main claim is dismissed.

2. The defendant is attached to the plaintiff among the 4,670 square meters of Gangwon-gun Gowon-gun B forest land.

Reasons

1. Basic facts

A. The Plaintiff’s conciliation division C was found to have been under the circumstances of 1st 7th 1st son of Jinsung-gun (hereinafter “Din”) E in the Japanese colonial rule.

B. On April 26, 1965, 17 M. 7 M. M. 4,527 square meters of forests and fields were subdivided into 10,71 square meters of forests and fields (10,71 square meters of forests and fields) and then into 5,851 square meters of L. 158,68,680 square meters of forests and fields. L. 158,68 square meters of forests and fields were divided into 49,837 square meters of forests and fields, M. 4,527 square meters of forests and fields, and N. 104,316 square meters of forests and fields (hereinafter “E”) on July 18, 198, and at the same time, M. 4,527 square meters of forests and fields were divided into 49,837 square meters of forests and fields and 4,527 square meters of forests and fields (hereinafter “instant land registration conversion”).

C. Of the instant land, the parts included in E’s land are as follows: (a) the part on board (b) part 3,687 square meters (hereinafter “(b)”) connected in order to each point of the attached drawing Nos. 5-10, 30-27, 15, 16, 26-22, and 5, which are included in E’s land.

On October 21, 1976, the Defendant completed the registration of ownership preservation (hereinafter referred to as “registration of ownership preservation”) on the instant land by means of No. 2026 of the receipt by the High Branch of Chuncheon District Court.

E. C died on July 18, 1951, and as the head of C, C solely inherited the land E by the head of C, who is the family heir. An unmarriedO was declared missing on July 4, 1990 and jointly inherited the said land by O’s co-inheritors upon receiving an adjudication of disappearance in the early branch of the Chuncheon District Court on July 4, 1990. However, P was declared declared missing on July 4, 1990, and the Plaintiff et al. jointly inherited the P’s share in the said land.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 11 (including a branch number), the result of a request for appraisal to the North Korean Land Information Corporation, Yeongdeungpo-dong Vice Governor of the Korea Land Information Corporation, the purport of the whole pleadings

2. On the premise that the entire land of this case belongs to E land under the circumstances of C, the Defendant shall register the preservation of ownership of the entire land of this case to the Plaintiff, one of the co-inheritors.

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