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(영문) 서울중앙지방법원 2017.08.25 2016가단5289015

소유권말소등기

Text

1. The defendant shall issue to the plaintiff a senior Korean District Court for each real estate stated in the attached list.

Reasons

1. Basic facts

A. Nonparty B’s 2 years (1913)

9. On 15.15. The Gyeonggi-do funeral C 1,808 and D’s 62 et al. (hereinafter collectively referred to as “each of the instant circumstances”).

B. On January 1, 1963, Gyeonggi-do E-Myeon was incorporated into the F-Myeon of the Pakistan-gun, Gyeonggi-do on December 28, 1972, and was restored to the E-Myeon of the Pakistan-gun, Gyeonggi-do on December 28, 1972, and the Pakistan-gun was on March 1, 196.

C. The C Cemetery 1,808 square meters (5,977 square meters) in the Gyeonggi-do heading-gun was restored on February 28, 1980, and was divided into three thousand and five hundred and twenty-three square meters in the C cemetery, two hundred and twenty-five square meters in the H cemetery, and one cemetery 2,226 square meters in the G G Gyeong-gun, respectively, on September 1, 1988. The D preceding sixty-two square meters (205 square meters) was restored on February 28, 1980, and was divided into sixty-five square meters in the D preceding September 1, 198, and one hundred and forty-five square meters in the JJ, respectively, due to the G Gyeong-guning project.

(The sum of the three thousand five hundred and forty-five square meters in the above C cemetery and one hundred and forty-five square meters before J is referred to as “each of the instant lands”).

On the other hand, registration of preservation of ownership was completed on August 21, 1996 with respect to each land of this case (which is the land the same as each land listed in the attached list) as the registration office of Goyang-gu District Court in the name of the defendant.

E. Upon examining each of the instant circumstances’ land, K died in 1928 and succeeded to L’s property. The aforementioned L died in 1942 and succeeded to M’s property. M died in 1988 and jointly succeeded to the property by N,O, P, Q, Plaintiff, and R.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 7 (including branch numbers in case of additional number), fact inquiry results of this court's strike, purport of the whole pleadings

2. Determination as to the cause of action

(a) A person registered in the Land Survey Book as an owner is presumed to have acquired the land as a result of the assessment of the land owner, unless there is any counter-proof, such as the change in the content of the assessment by the adjudication, etc.