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(영문) 서울중앙지방법원 2017.01.18 2016가단5081273

소유권말소등기

Text

1. On March 1, 1959, the Defendant entered in the attached list 1 and 2, to the Plaintiff, the Suwon District Court Yangyang registry office.

Reasons

1. Basic facts

A. The Land Survey Division of the Female-gun (hereinafter referred to as the "Land Survey Division of this case") prepared in the Japanese occupation of Japanese occupation of Japanese occupation of ship, Japanese occupation of ship, Japanese occupation of ship, Japanese occupation of ship, Japanese occupation of ship, and Japanese occupation of ship, Japanese occupation of ship, and Japanese occupation of ship;

2.6. 6. F.m. F. F. F. F. F. each owner of No. C 235 square meters (hereinafter “C land before subdivision”) and D 994 square meters (hereinafter “D land before subdivision”).

B. Since then, each real estate listed in the separate sheet Nos. 1 and 2 in the land before subdivision has been divided, and 3 real estate listed in the separate sheet Nos. D before subdivision has been divided.

C. On March 20, 1959, the Defendant completed each registration of preservation of ownership of the real estate listed in the separate sheet No. 309 of Suwon District Court, as to each real estate listed in the separate sheet No. 1 and 2, and completed each registration of preservation of ownership of the real estate listed in the same list No. 386 of March 30, 1959 (hereinafter collectively referred to as the “registration of preservation of this case”).

The plaintiff's assistance G died on May 4, 1961. At the time of his death, the deceased was his heir H, etc., and the deceased on January 22, 1998, and the deceased on January 22, 1998, the plaintiff et al. was his heir.

[Reasons for Recognition] Each entry of Gap 1 through 6 (including paper numbers), the purport of the whole pleadings

2. Assertion and determination

A. 1) The Plaintiff’s assertion 1) Since each land C and D before the division was conducted by the Plaintiff’s assistance G, the registration of the preservation of this case, which was completed with respect to each real estate listed in the separate sheet, which was divided in C and D before division, shall be cancelled as the cause for invalidation. The Plaintiff seek cancellation of the preservation registration of this case as one of the co-owners who jointly inherited each real estate listed in the separate sheet as one of the co-owners. 2) The Defendant’s assertion ① before division, F and the Plaintiff’s assistance G cannot be readily concluded to be the same person.

② Since the ownership of the D land before subdivision was transferred from F, the assessment titleholder, to I, the Plaintiff is indicated in the attached Table 3.