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(영문) 수원지방법원여주지원 2015.05.21 2013가단16604
소유권말소등기
Text

1. The defendant shall receive on February 9, 1996 from the plaintiff the Suwon District Court with respect to the area of 711 square meters prior to Leecheon-si.

Reasons

1. Basic facts

A. On February 9, 1996, the Defendant completed the registration of preservation of ownership (hereinafter “registration of preservation of ownership”) with respect to B, Echeon-gun, Leecheon-gun (hereinafter “instant real estate”), 711 square meters prior to the change of the name of the administrative district: B, 711 square meters prior to Leecheon-si; hereinafter “instant real estate”).

B. (i) On December 20, 1978, the Gyeonggi-gun E Forest No. 23207 square meters owned by C (C, Chungcheong-gun D) was divided into four lots, namely, 2278 square meters of F forest land and four lots, respectively.

On December 20, 1978, F forest land 2278 square meters in Echeon-gun, Leecheon-gun was converted into G forest land 2856 square meters, and G forest land 2856 square meters was divided into one parcel outside G forest 2754 square meters on December 20, 1978, and G forest 2754 square meters was replaced with 701 square meters prior to H on July 10, 1997 and 1217 square meters prior to I.

C. (1) Following C’s death in around 1927, J (J, Chungcheongbuk-gunK), the heir of Australia, succeeded to the property of J (J, Chungcheongbuk-gun), and as the J died in around 1959, the property of J succeeded to L (L, Chungcheongbuk-gunK) who is the heir of Australia. After that, on October 24, 1995, the Cheongju District Court rendered a judgment of disappearance against L (the expiration date of the period of disappearance: September 28, 195; hereinafter “instant judgment of disappearance”) and thereafter, the adjudication of disappearance was finalized.

Shem M has died of around 1975 as L's wife, and the plaintiff (theme) NO is L's child.

[Grounds for recognition] The facts without dispute; Gap evidence Nos. 1, 7, 8, 9, 10, 13, and 15; the fact-finding results on the female branch of the Korea Rural Community Corporation in this court; the fact-finding results on the female branch of the Korea Rural Community Corporation in this court; the fact-finding results on Sep. 27, 2014 of this court on Sep. 29, 2014; the purport of the whole pleadings;

2. Where a replotting disposition is taken based on a land improvement project under the former Agricultural Community Modernization Promotion Act which has been abolished, the ownership of a substitute lot to be granted under a replotting plan shall be acquired by the previous land owner, and a project implementer misleads the owners and makes a substitute lot to other persons than owners.

Even if other persons acquire ownership, it should not be said that they acquire ownership.

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