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(영문) 서울중앙지방법원 2018.05.15 2017가단5158507

소유권말소등기

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1. The defendant is hereby supported by the court below for the plaintiff with respect to the land Nos. 1 through 3 in the annexed list.

Reasons

1. Basic facts

A. The Land Survey Book prepared during the Japanese Occupation Period is written as follows: B’s response C 201,816 (hereinafter “instant land before the instant partition”) was assessed.

B. The land before the instant partition was destroyed due to the disaster of 625, and the cadastral records, such as the registry, were destroyed on August 1, 1961, and was restored to the cadastral records as of August 1, 1961, the land was finally partitioned into the land of 6 parcels listed in the separate sheet (hereinafter “instant land”) as shown in the separate sheet as in the annexed sheet, and was finally subdivided into the land (the details of land category change are the same as indicated in the annexed list of real estate), and each registration of ownership was completed in the Defendant’s name, such as the order sheet.

C. On the other hand, the aboveF died on February 22, 1926, and succeeded to the property of the deceased non-party G as the head of the household by himself as the head of the household, and again, upon the death of the above G on October 7, 1952, the non-party He inherited his own property as the head of the family, and upon the death of the above G H on May 6, 197, the non-party H inherited his own property as the head of the family, and upon the death of the deceased on May 6, 197, the plaintiff, who is a father of his property and his heir, transferred 6/12 shares, 12 shares, 12 shares, 12 shares, 12 shares, 12 shares, and 12 shares of the plaintiff, who was a dependent in the same family register, who was divorced and returned to the same family register, respectively.

[Ground of recognition] Unsatisfy, Gap 1-7 each entry (including a provisional number), the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, inasmuch as F, the Plaintiff’s prior owner of the instant land, acquired the land before the partition, and such facts are revealed, each registration of preservation of ownership in the Defendant’s name as to the instant land divided from the former is reversed, and thus, the cause invalidation is invalidated. Therefore, barring any special circumstance, the Defendant is obliged to perform the registration procedure for cancellation of each registration of preservation of ownership as to the instant land, which was completed by F, in sequence, to the Plaintiff who inherited F

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