beta
(영문) 서울중앙지방법원 2017.07.26 2016나50305

소유권말소등기

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. According to the Land Survey Division on the Gyeonggi-gun Bri-gun, which is prepared by the Ministry of Land, Infrastructure and Transport, the Ministry of Land, Infrastructure and Transport stated as follows: (a) on October 1, 1911, EFGHIJJKN (hereinafter the above 10 persons, hereinafter referred to as “E, etc.”) around 1,132 of the former Gyeonggi-gun C, Gyeonggi-do, and 861 of the former Gyeonggi-gun D (hereinafter the above 2 parcels referred to as “the original land”).

B. 1) From the 1,132 Before the Gu Gyeonggi-gun Co., Ltd., the 1,603 square meters was divided. The above O road was divided into 50 square meters and 1,053 square meters of the Gu Gyeonggi-gun PP road in Gyeonggi-gun, Gyeonggi-do on July 23, 1984, and each of the above roads became the real estate listed in paragraphs (1) and (2) of the attached Table, subject to the change of administrative district name. 2) From the 861 square meters of the Gu Gyeonggi-gun, Gyeonggi-do, as of the date, the Q869 square meters was divided into the real estate listed in paragraph (3) of the attached Table following the change of administrative district name.

C. On May 12, 2015, the Defendant registered each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) as the owner on May 12, 2015, and completed the registration of ownership preservation (hereinafter “registration of ownership preservation”) as the receipt No. 94047 on May 19, 2015.

On the other hand, the plaintiff is a non-corporate body that sets up the nine descendants of R, who are the nine descendants at the end of consideration, as a joint group, and makes the descendants as a final group.

【Ground of recognition】 The fact that there is no dispute, Gap’s evidence Nos. 1 through 4, Gap’s evidence Nos. 6, 17, 19, 23 (including paper numbers, hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on this safety defense

A. In light of the fact that the Plaintiff’s name was changed to “A clan” on November 6, 1994, which was submitted by the Plaintiff on November 1, 1994, the decision on the assertion of the party capacity had been made, the Plaintiff continued to exist after maintaining its identity from the time when 10 persons, including E, were subjected to the circumstances of the original land of this case, until the time when the Plaintiff had maintained its identity.