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(영문) 서울중앙지방법원 2020.02.05 2019가단5178499

소유권말소등기

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 1, 1914, C was under respective circumstances of No. 1029 and No. 374 of E in Yangyang-gun, Gyeonggi-do.

(hereinafter referred to as “each land of this case”) B.

The Defendant completed the registration of preservation of ownership as the head of Suwon District Court No. 1016, Oct. 11, 1985 with respect to F. 7 square meters (attached Form 1. Land) and 3 square meters (attached Form 4. Land) of G road in Gyeonggi-gu, Gyeonggi-do, with respect to H river 2,417 square meters (attached Form 2.2. Land) under the receipt of No. 2829, Apr. 2, 1985 by the same registry office as to H river 2,417 square meters (attached Form 2.2. Land), and with respect to I road 122 square meters (attached Form 2833, Dec. 24, 1997; J road 261 square meters and K road 440 square meters (attached Form 5.2) with respect to the same registry office on July 30, 1996.

The area of 122m2 and J road 261m2 was combined with L road 1,703m2 (attached Form 3. 3. m2).

(hereinafter referred to as "land" according to the sequences of each land listed in the separate sheet, and when referring to the whole land, hereinafter referred to as "each land of this case").

(2) Land shall be incorporated into each river area in accordance with the Han River Basic Plan for Water Control in force on May 192, 192, (1), (3), and (4) land into each river area on December 2, 201 in accordance with the Han River Basic Plan.

N on February 27, 1919, after the death of February 27, 1919, N, a grandchild, succeeded to N, and on April 25, 1975, the P, Q and the Plaintiff, a child, succeeded to N.

[Ground of recognition] Facts without dispute, Gap 1 through 4 evidence, Eul 3, 4, and 5 evidence (including paper numbers, hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the cause of the claim

A. Each of the instant circumstances asserted by the Plaintiff is the land on which N, the Plaintiff’s fleet was assessed, and part of the land was inherited by the Plaintiff.

However, without any authority, the Defendant completed the registration of initial ownership relating to each of the instant land divided from each of the instant land, and the Defendant is obligated to cancel the registration of initial ownership to the Plaintiff.

B. Determination 1 Each of the instant cases