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(영문) 서울중앙지방법원 2016.07.13 2016가단5065707
소유권말소등기
Text

1. The defendant Republic of Korea is the Seoul Northern District Court with respect to the 97 square meters of H road in Seoul Special Metropolitan City, Nowon-gu.

Reasons

1. Basic facts

A. On July 18, 1913, the land survey division prepared during the Japanese occupation period was indicated as K’s assessment of the land of this case (1) around 81 J of Yang-gun, Yangju-gun, Gyeonggi-do (hereinafter “the land before the instant subdivision”).

(2) On February 12, 1958, the land prior to the instant division became 114 square meters in Seoul Special Metropolitan City, J School sites, 15 square meters in H school sites, 28 square meters in L, 29 square meters in M School sites, and 82 square meters in N2 roads, following the subdivision, conversion of the area, administrative district, and land category change, etc. (see attached Table of division and consolidation) (see attached Table). The said N2 square meters in combination with the above H, became 97 square meters in H roads (hereinafter “the land first in this case”). The said J, L, and M 171 square meters in total were incorporated into part of the land second in this case and became the land subject to the instant dispute.

B. On March 7, 1991, prior to the change and merger of each of the above land categories, the Defendant Republic of Korea made a registration of preservation of ownership as to the Defendants’ respective land of this case on March 7, 1991, on which the registration of preservation of ownership and the registration of transfer thereof was made on the land of this case, the registration of preservation of ownership was made on the land of J School site of Seoul Special Metropolitan City, Nowon-gu, 114 square meters, H road of 15 square meters, L School

(2) In addition, on June 12, 1992, Defendant Private Teaching Institutes completed the registration of transfer of ownership in the name of Defendant Private Teaching Institutes for the above J land on September 28, 1992 as to the above L and M land.

C. On August 28, 1932, O, the inheritance-related plaintiffs, died on August 28, 1932, and succeeded to his/her property, and P died on September 9, 2007, and jointly succeeded to his/her property, such as the list of inheritance shares.

[Ground of Recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-1 through 9, Gap evidence 3-1 to 3, Gap evidence 4-1 to 4, Gap evidence 5-1 to 6, the purport of the whole pleadings

2. The assertion and determination as to each of the instant lands

(1) Any land or forest land under the former Land Survey Decree or the former Forest Land Survey Ordinance shall be subject to the duty to cancel the registration of preservation of ownership;

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