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(영문) 서울중앙지방법원 2019.07.24 2018가단5092444

소유권말소등기

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1. On April 14, 1995, the defendant filed against the plaintiffs the Suwon District Court with respect to the size of 221 square meters prior to the F in Gwangju City.

Reasons

1. Facts of recognition;

A. The 2,338 Gyeonggi-gun Group H (hereinafter “instant assessment land”) was assessed on September 3, 191 in the first name.

B. The assessment land in the instant case was divided into 67 F. F. 20 March 20, 1953, and this became “21 square meters preceding F. 221 square meters in Gwangju-si (hereinafter “the instant F. ”) following the conversion of area units and the change of administrative district names.

In addition, on May 31, 1958, the entire G 164 square meters divided from the land of this case was changed to the category of forest on May 31, 1958 (the time of precise division is not known), and after the conversion of the area and the change of the name of the administrative district, “542 square meters of G forest in Gwangju-si” (hereinafter “instant G land”) was added to the said two land.

C. On April 14, 1995, the Defendant completed each registration of initial ownership on the land of this case under the receipt of the Suwon District Court's Sungnam Branch's Seoul Branch's 14449, September 18, 1996, as the receipt of the same registry office with respect to the land of this case, the registration of initial ownership is completed.

On December 29, 1936, J, the Defendant’s fleet, died on December 29, 193, and succeeded to the property of K K, and on December 25, 2002, after the death of K on December 25, 2002, Plaintiff A and L jointly inherited the property of K, and on October 6, 2008, Plaintiff C, D, and E jointly inherited the property of L.

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

2. Determination as to the cause of action

A. The following facts can be acknowledged in full view of the facts acknowledged prior to the identity of the Plaintiff’s fleet and the title holder of the assessment, namely, ① the title holder of the assessment of the instant assessment land and the Plaintiffs’ preference are equal to M with the same name of M; ② the title holder of the land survey of the Gyeonggi-gun, Gwangju-gun, and ② the title holder of the land survey division of the Gyeonggi-do Nri has a blank space. This is identical to the location of the land and the domicile of the owner.