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(영문) 서울중앙지방법원 2018.12.05 2017가단5170408

소유권말소등기

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On August 17, 1929, E having a domicile in Gangwon-do, Gangwon-do, shall complete the registration of ownership transfer with respect to the forest land of 2,257 square meters (hereinafter “forest land before division”).

On June 25, 1979, the land category of the first land was changed to a road as the land was divided in the forest before the division.

The defendant Republic of Korea completed the registration of transfer of this case on January 10, 1977 with respect to land No. 1, 1979 on September 12, 197.

B. On October 4, 1915, E having a domicile in Ulsan-gun G was assessed on the second land (the land category at that time was “responding”).

The old land cadastre concerning the second land is written by stating that the address of “G” was changed from March 1916 to “J” around March 1916.

The defendant Ulsan-gun completed the preservation registration of this case as to the land No. 2 on December 24, 1990.

C. The Plaintiff’s prior ray I died on July 18, 1955.

On December 6, 1981, the GJ and its children, the south of the network I, were found to have died on June 25, 1955 when the period of disappearance was terminated by the declaration of disappearance in the Gangseo branch court of the Chuncheon District Court.

Accordingly, the deceased K, the wife of the J, succeeded to the property of the deceased K independently.

On June 15, 1989, the Network K adopted the plaintiff as the adopted child, and died on February 9, 1991, and accordingly, the plaintiff succeeded to the property of the Network K.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The Plaintiff’s prior representation and the registered titleholder or the name titleholder of assessment) asserted that the Plaintiff’s prior representation are the same person as the registered titleholder of the land No. 1 and E, the name titleholder of the land No. 2, and the Defendants are dissatisfied with this. Thus, the Defendants are first concerned. (B) According to the respective entries and the purport of the pleading No. 3 and No. 4, according to the Plaintiff’s prior representation and the overall purport of the pleading, the Plaintiff’s prior representation and the Plaintiff’s primary father L, the permanent domicile is “Gangwon-gun-gun,” and the Plaintiff’s primary domicile is “Gangwon-gun-gun, the name of the father.”