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(영문) 수원지방법원성남지원 2017.11.30 2015가단35057
소유권보존등기말소
Text

1. The Defendants shall pay to the Plaintiff each share indicated in the annexed inheritance share sheet among Q, Q, 7,041 square meters in Q, Nam-si.

Reasons

1. Basic facts

A. The land of this case (hereinafter “the forest of this case”) was inherited on July 30, 1919 by the network R (the death of July 28, 1942), and thereafter, by the deceased R (the death of March 23, 1985) solely inherited the said network T, U, V, I (Plaintiff), X, A (Plaintiff), Y, A, Y and Z were jointly inherited.

B. As to the forest land of this case, the deceased AA (the death of January 10, 1972) completed the registration of preservation of ownership on July 29, 1969 (hereinafter the "registration of preservation of ownership of this case"). The deceased AB (the death of March 10, 2003) completed the registration of transfer of ownership on the ground of sale as of June 17, 1969 on the same day (hereinafter the "registration of transfer of this case"). The defendant B of the deceased AB completed the registration of transfer of ownership on the ground of inheritance by consultation and division as of March 10, 203 (hereinafter the "registration of transfer of inheritance of this case").

C. The inheritance relationship and inheritance shares of the above net AA, net AB, and Defendants are attached to the inheritance relationship table, but the net AD, the inheritor of the above network A, died on July 13, 1953, and was excluded from the above inheritance relation table.

For each entry in the votes of inheritance and of shares.

Meanwhile, according to the forest land register as to the forest land of this case, the forest land of this case was cadastral restoration in the name of "AC" on February 15, 1967, and thereafter, transfer of ownership was made in the name of the above net AB on July 29, 1969, and Defendant B on May 20, 203.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, fact inquiry results for the subordinate cities of this court, the purport of the whole pleadings

2. Determination as to the cause of action

A. The title holder of land under the former Land Survey Decree (Ordinance No. 2, Aug. 13, 1912) acquires the pertinent land at the original condition (see, e.g., Supreme Court en banc Decision 84Meu1773, Jun. 10, 1986). If at least the land survey division was created and circumstances were given to the group of persons under the former Land Survey Ordinance, the title holder of the situation or his/her heir.

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