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(영문) 서울중앙지방법원 2018.05.02 2016가단5209828

소유권말소등기

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1. The defendant shall be the plaintiff.

(a) the District Court in the District Court in respect of each real estate listed in Schedule 1, 2, 3, and 5;

Reasons

1. Facts of recognition;

(a) In the Land Survey Book drawn up during the Japanese Occupation Period, F, which was 361 square meters prior to the Gyeonggi Yang-gun, C, 173 square meters prior to D, and 459 square meters prior to the Gyeonggi-do E-Ri, Gyeonggi-do, shall be deemed to have been an assessment of two years (1917) at the same time.

B. At the time of the foregoing circumstances, Eri was affiliated with Gricheon-gun, Gyeonggi-do, and the above Gri did not have the above F's Dong name.

C. The legal domicile of the above F was Gyeonggi-do H. D.

On March 14, 1929, the F died on March 14, 1929, and I succeeded to the F's property, and I died on October 9, 1969, and co-inheritors, including the plaintiff who was six South of I, jointly inherited I's property.

E. The real estate listed in the separate sheet (hereinafter “instant land”) was subdivided from the above-mentioned land.

F. However, the Defendant completed the registration of initial ownership in each Defendant’s name as the Government Registry of the District Court’s District Court’s Office of Government Nos. 24890 of May 3, 1996 with respect to the real estate stated in the Schedule Nos. 4 and 6 of the same List No. 42535 of July 25, 1996 and the Government Registry of the District Court’s Office of Government with respect to each real estate listed in the Schedule No. 7 and 8 of the same List No. 7257 of February 15, 1994.

[Ground of recognition] Facts without dispute, Gap 1 through 18 (including paper numbers), the purport of the whole pleadings

2. According to the above facts of recognition, the above F, who is the plaintiff's fleet, acquired the ownership of the land of this case from the original purchaser upon the assessment of the land of this case, and each of the above registrations of preservation of ownership in the defendant's name was revealed to be the original purchaser, so the presumption was broken.

One of the co-owners of a real estate is the act of preserving the jointly-owned property, and the defendant can seek the cancellation of the registration of invalidity of the cause for the jointly-owned property. The defendant shall execute the procedure for the cancellation of registration of ownership preservation against the plaintiff who seeks the cancellation of the above registration as one of the co-owners by joint inheritance of the land in this case