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(영문) 서울중앙지방법원 2012.04.10 2011가단347812

소유권보존등기말소 등

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs asserted that the plaintiff's assertion is that the plaintiff's ownership was owned by the plaintiff's prior owner in the Gyeonggi-si, which is the land prior to the subdivision of the land listed in the separate sheet No. 1,024 at K 1,024 at the Gyeonggi-si, which is the land prior to the subdivision of the land listed in the separate sheet No. 2, 3, and 4 of the separate sheet No. 2, 165 at the Gyeonggi-si, which is the land prior to the subdivision of each land listed in the separate sheet No. 5, 6, and 7, which is the land prior to the subdivision of the land listed in the separate sheet No. 5, 228 at the time of the Gyeonggi-si, which is the land prior to the subdivision of the land listed in the separate sheet No. 1, 5, 6, and 7, and the defendant's registration of ownership was completed without any title with respect to each land listed in the separate sheet No. 2, 3, and 4 of the separate sheet No.

The defendant asserts that the evidence submitted by the plaintiffs cannot be seen as the network N, the owner of each land listed in the attached list 1, 5, 6, and 7, and that each land listed in the attached list 2, 3, and 4, is attached to the mon farmland, the redemption of which has been completed or the redemption of which has been completed, and the land distributed together with the mon farmland is distributed to the mong farmland, and thus the ownership of the plaintiffs is not returned to the mong. Thus, the defendant cannot comply with the plaintiffs' claim.

2. Determination

A. In order to seek the cancellation of registration of preservation of ownership in another person’s name, which was completed in relation to real estate as part of the exercise of the claim for exclusion of interference with real rights based on ownership of real estate, an affirmative assertion and verification of the right to claim cancellation should first be made, and if such right is not recognized, a claim may not be accepted even if the registration of invalidation, the registration of preservation of ownership in another person’s name, should be cancelled

(Supreme Court Decision 2009Da94384, 94391, 94407 Decided May 13, 201).

Attached Form

With respect to each land described in Schedule 1, 5, 6, and 7.