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(영문) 서울중앙지방법원 2019.12.12 2019가단5049539

소유권말소등기

Text

1. The defendant shall be the plaintiff.

(a) Goyang Branch of the District Court with respect to each real estate listed in the Schedule I;

Reasons

1. Facts of recognition;

A. The plaintiff is a clan that is comprised of descendants of B three years of age as a Si grouped B C.

B. According to the land survey division prepared in the Japanese colonial era, each real estate listed in the separate sheet No. 1 is recorded as of May 17, 1913, and the real estate listed in the separate sheet No. 2 as of November 17, 1913, as of November 17, 1913, as N, in each of the Plaintiff’s family members D’s family members, and is the father, father, P, and Q’s division as of the Plaintiff’s family members.

E, F, G, H, and I Plaintiff’s Grand Winter are written as R, and it is a server of S that is the Plaintiff’s clan and T:

J 10 persons, such as K, L, M, etc. (hereinafter referred to as "D et al.") are written as being jointly under the circumstances.

C. Each real estate listed in the separate sheet No. 1 and each real estate listed in the separate sheet No. 2 (hereinafter referred to as “instant real estate” in combination with each of the above real estate) were destroyed due to cadastral records, and cadastral restoration on January 10, 1980 or February 28, 1980. The Defendant completed registration of preservation of ownership as described in the separate sheet No. 1 for each of the real estate listed in the separate sheet No. 2038, Dec. 21, 2010; and for each of the real estate listed in the separate sheet No. 201, Jul. 28, 2017, on the ground that the instant real estate is an unregistered real estate.

[Ground of recognition] Facts without dispute, Gap evidence 1 to Gap evidence 10-3, Gap evidence 16, the purport of the whole pleadings

2. The assertion and judgment

A. (1) The plaintiff alleged that the real estate of this case was originally owned by the plaintiff, and that the plaintiff could not receive the circumstances in the name of the plaintiff clan at the time of the land investigation, and was given the circumstances in the name of D and 9 of the plaintiff's clan. Accordingly, the defendant did not prove that the real estate of this case is the same as the plaintiff's clan.

(2) The following circumstances can be acknowledged in full view of the evidence Nos. 2, 5-1, 2, 11-3, and 15-3 of the evidence Nos. 5-2, and the purport of the whole pleadings.