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(영문) 서울서부지방법원 2017.10.12 2017가단202114
소유권말소등기
Text

1. The Defendants, on March 20, 1965, filed with the Plaintiff a registration office of Suwon District Court with respect to the size of 4,945 square meters in Pyeongtaek-si E Miscellaneous land.

Reasons

1. As a result of the fact-finding inquiry reply by the Suwon District Court, the fact-finding inquiry reply of Pyeongtaek-si, the results of the fact-finding inquiry reply by Pyeongtaek-si, the entries of Gap evidence 1 through 10, Eul evidence 1 through 4 (including each number), and the subdivision of the text concerning the size of 4,945 square meters in Pyeongtaek-si E-si and the details of the registration are as follows.

Pyeongtaek-si Land 1,716 (the area of the land investigation injury drafted in 1911) was divided into G land (time) 1,525 and H land (timetime) 143 at the time presumed to be between 1911 and 1927, and registration of initial ownership was completed in the name of a third party in the year 1927, and registration of initial ownership was completed in the name of a third party in the name of 1,525 of the said G land.

(A) In 1,525 square meters of “G” land in the year of 1927, the preservation registration was completed at KRW 1,525, and thereafter, in the process of entering the registry from the book-type registry to the card-type registry, the parcel number was erroneously stated at KRW 1,525 of “F” land, and the parcel number was changed at KRW 1,525 square meters (5,041 square meters of land) again in the registry due to error finding in the year of 2010. Meanwhile, with respect to KRW 1,525 of the above G land, the registration of ownership transfer was completed in the Plaintiff’s name over a period from 1969 to 1972).

In the event that a registration for preservation was completed in duplicate in the instant land that was divided into G land for which a prior preservation was completed, the registration for preservation was divided into 1,525 square meters at the time it is presumed from 1927 to 1957 as the time for restoration of official cadastral records between 1927.

However, as seen earlier, with respect to the instant land partitioned out from G land where a prior preservation registration has been completed in the name of a third party in 1927, the prior preservation registration was conducted again in the name of Nonparty I, the decedent of the Defendants, for the first time in 1965.

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