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(영문) 의정부지방법원 2016.09.09 2016가단104869
소유권말소등기
Text

1. On October 7, 2013, the Defendant received the land indicated in attached Form 3 from the Jung-gu District Court’s Seoul District Court’s annual registry office.

Reasons

1. Facts of recognition;

A. The Land Survey Division (C in the year of assessment: 1914) prepared with respect to “YY-gun B” during the Japanese occupation period is registered as “B” as the owners of each land listed in attached Tables 1 and 2. During the Japanese occupation period, C is a forest survey report prepared with respect to “YY-gun B” (the year of assessment: 1922), and C is a landowner of land listed in attached Tables 3 and 4 as “D,” respectively.

B. Each land listed in the separate sheet Nos. 1 and 4 is destroyed and lost, and the land listed in the separate sheet No. 1 was restored on Mar. 10, 1966, and the owner column entered F in Suwon City E, and the land listed in the separate sheet No. 4 was not restored by the owner, and each land listed in the separate sheet Nos. 1 and 4 is unregistered.

C. As to the real estate stated in the Attachment No. 2, the registration of the preservation of ownership in each Defendant’s name was completed on October 7, 2013 with the receipt of No. 20027 on December 29, 2010 and the receipt of No. 12368 on October 7, 2013 of the same registry office.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including a provisional number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s argument that G is the same as C, which is the name of the assessment of each land listed in attached Forms 1 through 4 (hereinafter “each land of this case”). As the Plaintiff’s assistance division G acquired each land of this case in original condition, and the Plaintiff succeeded to Chobu G, the Plaintiff is currently the owner of each land of this case.

Therefore, the defendant has a duty to confirm that each land listed in attached Forms 1 and 4 is owned by the plaintiff, and the defendant has a duty to implement the registration procedure for cancellation of each registration of preservation of ownership completed in his/her name without title to the land listed in attached Forms 2 and 3.

B. (1) Based on the Decree on Land Survey in the Japanese colonial Period, the judgment on the claim for the land set forth in [Attachment 1, 2, and 4] is based on.

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