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(영문) 서울중앙지방법원 2016.07.20 2015가단5371214

소유권말소등기

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

On August 10, 191, the Plaintiff acquired on August 10, 191, the land of Echeon-gu, Dongcheon-gu, Seoul (hereinafter “instant assessment land”) at KRW 1194 (hereinafter “instant assessment land”) from the Plaintiff’s prior owner Nonparty D under the circumstances, and was divided into approximately B to 674 square meters from the said land (hereinafter “instant land”). The Defendant made registration of preservation of ownership (hereinafter “instant registration”) as stated in the purport of the claim in its name. The Defendant asserts that the Plaintiff, a property heir of D, is liable to implement the procedure for registration of cancellation of the instant registration.

In this case, there is no evidence to acknowledge that the land of this case is divided into the land of this case (i.e., the land of this case and the land of this case are separate land according to each description in the evidence Nos. 1 and 2 of this case). The land of this case and the land of this case are separate land, and there is no reason to consider whether the plaintiff is the heir of the above network D without any need to examine whether the land of this case was the land of this case.

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.