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(영문) 서울중앙지방법원 2016.04.22 2015가합557836
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Facts of recognition

F On July 23, 1913, the G of Gyeonggi-gun ( currently changed to Songpa-gu Seoul, the administrative district was changed to H) 8,450 square meters I miscellaneous land (hereinafter “land before division”).

For land before subdivision:

6. On March 20, 1953, the cadastral record was destroyed due to the disturbance on the 25th day, and was partitioned from Songpa-gu Seoul Songpa-gu J land to K land.

Seoul Songpa-gu L Forest No. 2,988 was entered as the preservation of ownership in the name of the defendant on Aug. 3, 1960 on the land cadastre, and the registration of preservation of ownership in the name of the defendant was completed on Jan. 15, 1974 by the Songdong District Court (Seoul Eastern District Court) as the receipt of No. 1153 on Jan. 15, 1974, and was divided into Mar. 2, 1974 at 791 square meters and M 2,197 square meters

L Forest 791 square meters was divided into 80 square meters of L forest and N forest and 711 square meters of L forest (2,350 square meters of land in Gangnam-gu Seoul Metropolitan City due to the change of the area, administrative district, and land category; hereinafter “instant land 2”) on September 19, 1979. The registration of the preservation of the ownership in the Defendant’s name was completed as of March 22, 1991 by the Seoul Central District Court No. 28131 on the instant land 2.

M Forest 2,197 square meters was divided into M Forest 443 square meters (1,464 square meters per area unit) and B forest 1,754 square meters on January 7, 1975.

B 1,754 square meters of forest land B was divided into 1,230 square meters of forest land B on September 19, 1979 (hereinafter “the land of this case 1”) and 524 square meters of forest land B on September 1, 1979 (hereinafter “the land of this case”) and 1,733 square meters of forest land in Seoul, Gangnam-gu, Seoul; hereinafter “the land of this case 3 square meters”). The registration of ownership preservation was completed as of March 22, 1991 by the Seoul Eastern District Court No. 28131 on March 22, 1991.

(B) The registration of ownership preservation in the name of the Defendant was completed on January 15, 1974 in the register of the land No. 1 in Seoul Eastern District Court (Seoul Eastern District Court). The registration of ownership preservation in the name of the Defendant was completed on January 15, 1974. The land located in the same region including M forest land No. 1,464 square meters.

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