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(영문) 의정부지방법원 2019.12.10 2019나204525

소유권보존등기말소

Text

1. Revocation of the first instance judgment.

2. The Defendant shall have jurisdiction over the Gu Government District Court with respect to the 1114 square meters in the field of Pakistan to the Plaintiff.

Reasons

1. Basic facts

A. The land survey report prepared during the Japanese occupation point period is written by E, which has the address of 332 square meters in Dari-gun B in Gyeonggi-do, and the forest survey report is written by stating that the “E” with the address of Dari-ri-gun in Gyeonggi-do Park was received from each of the circumstances.

B. The above 332 square meters was restored to the land in the field of 1114 square meters in the field B, Pakistan-gun, Pakistan-gun, Gyeonggi-do, and on March 1, 1996, the land was restored to the land on the 11114 square meters in B (hereinafter “instant land”). The above F forest was restored to the land on October 10, 1980, the land was restored to the land on the 1,785 square meters in the forest land in the field of Pakistan-gun, Pakistan-gun, Gyeonggi-do on October 10, 1980, and the land was restored to the land on the 1,785 square meters in the forest in the field of Pakistan-gun.

C. After making a public announcement of non-state real estate as to each of the above lands, the Defendant completed each registration of preservation of ownership as to F forest No. 26391, Jun. 5, 2001, each of which was received on May 5, 2001 with respect to F forest No. 1,785 square meters as to the land of this case, which was received on May 27, 1997 by Goyang-gu District Court, Goyang-gu Office, Goyang-gu, Seoul District Court. The Defendant was subject to registration conversion on December 23, 2011 with respect to F forest No. 1641 square meters (hereinafter “the instant land No. 2”), and the said F forest was subject to registration conversion as to the instant land combining the land No. 1 and the land No. 2.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 7 evidence (including branch numbers in case of additional number) and purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff’s owner of each of the instant claims is G, the original land owner of G, which is the original situation, and as G dies on June 7, 1957 and H died on the first day in 1951, the Plaintiff, as the head of son, inherited the property as Australia’s heir and currently owns it. As such, the Defendant is liable to implement the procedure for registration of cancellation of registration of ownership preservation on each of the instant lands under the name of the Defendant, the invalidation of the cause for the cause

B. Prior to the determination, each of the above evidence evidence Nos. 9 through 15 can be seen by comprehensively considering the purport of the entire pleadings.