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(영문) 의정부지방법원 2019.06.11 2019나200110
토지인도
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. At the time of the Japanese occupation occupation, J received the assessment of the land prior to the subdivision of F forest land of 16,305 square meters in Namyang-si, Namyang-si (hereinafter “instant forest”).

B. The J died on February 26, 1937, and L died with wife M, transplant N, andO as bereaved family on August 30, 1996, and theO died with the Plaintiffs as bereaved family members on July 7, 2008.

C. On February 19, 1954, in the name of L, P, and Q, registration of preservation of ownership was completed with respect to each of 1/3 shares of the forest of this case.

O completed the registration of ownership transfer on November 13, 1997 with respect to the above L Shares among the forest of this case due to inheritance by agreement or division. The plaintiffs completed the registration of ownership transfer on February 19, 2009 for the above O shares out of the forest of this case due to inheritance.

Defendant D, in turn, is operating a weekend farm with the name of “G” from each of the above regions, in line with the same appraisal as indicated 11, 12, 13, 14, and 11 on the ship, which connects each point of the attached Table 7, 8, 9, 10, and 7 on the ground surface of 10 square meters of “b” portion among the forest land of this case (hereinafter “instant part of the said case”) in the order of indicating 1, 12, 13, 14, and 11 on the part of the attached Table 7, 8, 9, 10, and 41 square meters of land.

E. Defendant E owns a nivers with “A” portion of “A” and a nivers with “A” portion of “A” (hereinafter “the instant nivers”) connected in sequence 3, 4, 5, 6, and 3 of the same drawings, and operates a mid-term trading business in the aforesaid nivers.

[Ground of recognition] Facts without dispute, each entry or video of Gap evidence 1 through 12 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts of recognition as to whether the plaintiffs are the owners of the forest of this case, registration of preservation of ownership was completed in L, P, and Q in the name of L, P, and Q. P and Q are not the successors of J, the circumstances, and they are named.

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