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(영문) 서울중앙지방법원 2015.04.23 2012가단5121074 (1)

소유권말소등기

Text

1. The plaintiff's action against the defendant is dismissed.

2. The plaintiff's claim against the defendant R is dismissed.

3...

Reasons

1. Basic facts

A. (1) The land survey book prepared by the land survey station located in Gyeonggi-do N in the Gyeonggi-gun, Gyeonggi-do, 754 square meters (hereinafter “instant land”), S 1,517 square meters (hereinafter “instant 2”) and T 899 square meters (hereinafter “instant 3 land”), respectively, are written in the land survey book prepared by the land survey station located in Gyeonggi-do, Gyeonggi-do, and Gyeonggi-do.

(2) At the time the aboveO received an assessment of each of the above land, there was no otherO having an address in N in Gyeonggi-gun.

B. The Plaintiffs and inheritance-related Plaintiffs jointly inherited their property as the descendants of the “O” transferred to Q of Jongno-gu Seoul Metropolitan Government, wherein they had their permanent domicile in the Gyeonggi-do P.

C. The registry, land cadastre (1) is not yet prepared, and the old land cadastre is indicated as transfer of ownership to X residing in W on July 13, 1957, and the current land cadastre as of January 23, 1963, where X obtained transfer of ownership on the same date.

On the other hand, X died on December 15, 1993, and Y and Z, its children, paid property tax on the land of this case.

(2) As to the land of this case Nos. 2 and 3, registration of preservation of ownership in Defendant R on April 17, 1965 has been completed, and thereafter there is no change in rights.

On the other hand, the land cadastre of the case No. 2 is indicated as the N's ownership preservation against the defendant R on April 17, 1965, when the N's land cadastre was assessed.

【In the absence of dispute over the grounds for recognition, the entry of Gap evidence 1 and 2-3, 4, Gap evidence 3-4, 5, and Gap evidence 4-1 through 7, the results of the fact inquiry into the head of Gyeonggi-do and V Eup and the purport of the whole pleadings

2. Determination:

(a) the register of a claim against the defendant in Korea; or