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(영문) 의정부지방법원 2017.11.02 2016가단129806
소유권보존등기말소 등 청구의 소
Text

1. The plaintiff's claim against the defendant is dismissed.

2. The plaintiff's remainder except the defendant Republic of Korea.

Reasons

Facts of recognition

Before subdivision, I was determined on May 10, 1913 by the GJ 2,259, which was the Japanese colonial rule, and the Plaintiffs are the successors of I. The Plaintiffs.

After the process of cadastral recovery, division, etc., 1,107 square meters (hereinafter “H land before subdivision”) was divided from the above land. The H land before subdivision was completed under the name of the Republic of Korea as the registration of ownership transfer was completed on November 4, 1964 under the former Act on Special Measures for Registration of Distribution Farmland Ownership (hereinafter “Special Measures Act”), the registration of ownership transfer was completed on November 17, 1964 under the name of K as the receipt of No. 6438 of November 17, 1964 under the name of the same registry office as the repayment was completed on December 30, 1958.

After the completion of the ownership transfer registration in the name of K prior to subdivision and the process of ownership change prior to subdivision, in the H land prior to subdivision, the land was divided into the 235 square meters of L, M, M, 215 square meters, N, 122 square meters of land (hereinafter referred to as “L land, M, and N” in sequence, and where each of the above land is referred to as “each of the instant land”).

Each of the lands of this case is successively transferred, and as stated in the purport of the claim, the transfer registration of ownership in the name of Defendant D on September 8, 1981, the transfer registration of ownership in the name of Defendant D on August 19, 2005, the transfer registration of ownership in the name of Defendant E and F on August 19, 2005, and the transfer registration of ownership in the name of Defendant E and F on December 8, 1998, and the transfer registration of ownership in the name of Defendant G on August 24, 2005 on N on August 24, 2005.

[Ground of recognition] Fact that there is no dispute, Gap evidence Nos. 1 through 10 (including each number, if any), and whether the part of claim against the defendant in the lawsuit in this case against the Republic of Korea is legitimate from among the entire purport of the pleading, the plaintiff is the defendant's each land in this case against the defendant Republic of Korea.

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