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(영문) 서울중앙지방법원 2019.01.15 2017가단5031312
소유권확인 등
Text

1. The part of the plaintiff's claim against the defendant Republic of Korea and the part of the conjunctive claim of the independent party intervenor.

Reasons

1. Basic facts

A. The Ministry of Land, Infrastructure and Transport changed its administrative district and converted into the administrative district into the 353 square meters (hereinafter “D land”) and the 1429 square meters before E prior to the said E (hereinafter “E land, E, E, E, and each of the instant lands,” both of which “E land,” was collectively owned by F and G on June 30, 191, on a given day.

B. After the assessment, the registration of ownership transfer in the name F and G was completed on October 25, 193 by the receipt No. 1177 on October 25, 193 as to D land, and the registration of ownership transfer in the name H was completed on the same receipt number on the same day, and thereafter, the registration of ownership transfer in the name of H was completed on January 26, 1936 as the receipt No. 1165 on January 26, 1936, and the transfer of ownership in the name I was completed on January 19, 1936, as the receipt No. 2061, Jan. 18, 1939, as the receipt No. 2061 on March 15, 1939.

On August 28, 1929, the registration of ownership preservation in F and G name was completed as No. 10111, which was received on August 28, 1929, and the registration of ownership transfer in J and seven persons was completed on May 5, 1929 on the same day.

C. On November 21, 2002, the joint seal list, which is part of the real estate register with respect to each of the instant land, was destroyed, and on November 21, 2002, the head of Suwon District Court publicly notified that the registration of the instant land, which had been effective at the time of the destruction of the registry, should be registered for the restoration of the registry by receiving an application for the restoration registration from November 25, 2002 to March 20, 2003. The registration of each of the instant land was destroyed by the permission to destroy the registry of Suwon District Court on March 21, 2003 because there was no application for restoration registration within the said period.

Since then, each land of this case is unregistered, and the plaintiff currently occupies it.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 7 and Eul evidence Nos. 1 to 3.

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