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(영문) 서울고등법원 2017.08.17 2016나2060035

소유권확인

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

가. 토지 사정 일제시대 조선총독부에 의해 작성된 각 토지조사부에는 연천군 C 답 5,039평, D 전 786평, E 답 129평에 관하여 경성부 중부 F동(京城府 中部 F洞)에 주소를 둔 G이 사정받은 것으로 기재되어 있다.

B. Inheritance 1) The Plaintiff’s father who died on April 30, 1930, and the Plaintiff’s father and the Plaintiff’s permanent domicile are the same as the Plaintiff’s father and the Plaintiff’s legal domicile. The Plaintiff’s father and the Plaintiff’s legal domicile are the same. The Plaintiff’s father and the Plaintiff’s legal domicile are also identical to the Plaintiff’s inheritance on September 27, 1951.

C. Registration of preservation of ownership on the land of this case: (1) Registration of preservation of ownership on the land of this case, (2) Registration of preservation of ownership in the name of each of the defendant was completed on June 4, 1996, No. 26732 of receipt on July 18, 1996, and (3) Registration of ownership in the name of each of the lands listed in Articles 11 and 12 of the Attached List No. 20312 of receipt on June 4, 1996, with respect to each of the lands listed in the Attached List No. 20312 of receipt on June 4, 1996.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-7 through 9, 11, 12, Gap evidence 9-1 through 3, the purport of the whole pleadings

2. The Plaintiff’s assertion of the cause of the claim is that the G’s address, the assessment title of the instant land, was changed from “F Dong” to “N Dong.” As such, all of the instant land was land in which R, the Plaintiff’s co-ordination status was considered, and the Plaintiff inherited the instant land.

However, since the defendant completed the registration of preservation of ownership of the ground for invalidation of the land of this case, he seeks the cancellation thereof.

3. Judgment on the plaintiff's claim

A. A person who is assessed as a landowner in a land survey project undertaken under a given order of land survey below as the owner of the land in question.