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(영문) 서울중앙지방법원 2015.07.16 2015가단5078911

소유권말소등기

Text

1. The defendant on September 3, 1994, with respect to the land size of 13 square meters on roads B in Gangdong-gu Seoul Metropolitan Government, the Dong District Court Gangseo-gu Branch of the Seoul Dong District Court.

Reasons

1. Facts of recognition;

A. C was assessed in its own name at 381 square meters prior to Gwangju-gun, Gyeonggi-do, in the Japanese colonial era.

The name of the administrative district was changed to F in Gangdong-gu Seoul Metropolitan Government.

B. Following the war of June 25, when the cadastral record of the above situation was destroyed due to the destruction of the whole cadastral record of the above land, on March 20, 1953, in the course of restoring the land cadastre as reference materials for taxation convenience, the above D land was classified into B 4th, G 181, H roads, etc., and entered C as the owner of the above D land, which is the mother at the time, and divided from the said D land.

C. After that, on October 25, 1975, the competent authority deleted the owner column of C in the above land from a private line in accordance with the provisions of the Cadastral Act, the Enforcement Decree of the same Act, and the relevant laws and regulations, and took measures against undeveloped land.

On December 1, 197, B: (a) the 4th square meters of the road was registered on December 1, 197; (b) the Defendant completed the registration of preservation of ownership (hereinafter “instant preservation registration”) as described in paragraph (1) of this case, following the procedures for the public announcement of unregistered real estate under the State Property Act, with respect to the said land on September 3, 1994.

E. Meanwhile, after the death of 1938, the above C succeeded to the land of this case solely by the son, and after the I died in 1959, the J, South Korea, solely succeeded to the land of this case, and the J died on August 4, 1984, the wife, K, children of the Plaintiff, L, M, N,O, P, and Q jointly succeeded to the land of this case.

After that, the above K died on November 2, 200 and eventually, the land of this case was jointly inherited by children of J including the Plaintiff. On February 2, 2015, the co-inheritors agreed to divide the land of this case into inherited property solely owned by the Plaintiff.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 5 (including additional numbers), Eul's 2 and 3, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff asserts the identity of the assessment titleholder and the Plaintiff’s fleet, and the validity of the land situation.