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(영문) 의정부지방법원 2014.05.13 2013가단20571
소유권보존등기말소등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic factual basis

(a) The land survey division in the Japanese colonial Period, prepared with respect to the F of the Gyeonggi-do Yangju-gun, is registered with the I having the domicile in H as the owner of 437 square meters G in Yangju-gun in Gyeonggi-do;

B. The land category was changed to a river on May 1, 1962 and the area on December 30, 197 was converted to 1,445 square meters on December 30, 197.

On January 19, 2006, the above land was divided into 1,045 square meters in Jan-si, Namyang-si, and 2, K-do 400 square meters in Nam-si, Namyang-si (hereinafter referred to as the “instant land”).

As to the land of this case, the registration of ownership preservation was completed in the name of the Republic of Korea on December 10, 1983, and on October 25, 2007, the registration of ownership transfer was completed on October 18, 2007 in the future for the defendant on October 18, 2007.

On January 7, 2008, the land of 10 lots, including the instant land, was combined with 11 square meters in Namyang-si, E road, and the area of E land was 2,925 square meters in size.

At present, the transfer registration of ownership in the name of the defendant has been made with respect to E-road 2,925 square meters in Namyang-si.

C. The plaintiffs' assistance is I. The plaintiffs are some of the successors of I. The legal domicile of the above I is Gyeonggi-do Yangju-gun.

[Ground of recognition] Gap evidence 1, 2, 3, Gap evidence 6-1 through 5, Gap evidence 7, Gap evidence 8-1, Gap evidence 9-1 through 3, Eul evidence 2, and the purport of the whole pleadings

2. Determination as to the cause of claim

A. In full view of the circumstances described in the identity of I, who are the circumstantial names and I, it is reasonable to see that I (hereinafter referred to as "personal names") and I, who are listed in the Land Investigation Board, are the same person (hereinafter referred to as "Plaintiffs' lighting").

First, the name of the situation and the plaintiffs is the same as not only in Korean but also in Chinese.

Second, due to the reorganization of the administrative district in 1914, H's address "H" is "F" as part of the Ri and N are merged due to the reorganization of the administrative district.

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