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(영문) 서울중앙지방법원 2017.10.19 2016가단5197222
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the statements in Gap evidence 1 to 4 (including paper numbers), the fact inquiry results in Leecheon-si and the entire purport of oral arguments.

In the land survey division prepared during the Japanese occupation period, the owners of 838 square meters at 838 square meters are stated as F with an address in E-Ri (E Si/Ri) in E-Ri (E Si/Gun) in E-Ri in E-

The above G pages became a H level through the change of the name of the administrative district.

B. The Plaintiff is the south of the I, who died on December 10, 1998, and the deceased I is the son of the J, who died on December 3, 1979, and the deceased on December 31, 193, and the deceased on December 31, 1935. The deceased on December 31, 193.

C. In Ischeon-si, M & N had O in 1913, P had been called Q or R Dong, which was originally located on the N pages of Leecheon-gun.

On December 12, 1995, the defendant completed the registration of preservation of ownership in the Suwon District Court Yang Pyeong-gun, Yangyang-gun, 1200m2, which was received on December 12, 1995, and completed the registration of preservation of ownership in the Suwon District Court Yang Pyeong-gun, 28982, which was received on December 5, 1996 as to C road 367m2.

2. The assertion and judgment

A. The Plaintiff’s assertion was that the Plaintiff’s land was divided into 1200m2 and 367m2 prior to the Gyeonggi-si, Gyeonggi-do, the Gyeonggi-do, which had completed the registration of initial ownership preservation (hereinafter “instant land”), and F where the said D land was assessed in the land survey project conducted during the Japanese colonial period, and F was the same as K, the Plaintiff’s shipbuilding, and the said D land before the division was owned by K.

However, as the above K and its inheritors died, the Plaintiff became one of co-inheritors, and eventually became one of the co-owners of the land of this case divided from the above D land before the division.

However, without any title, the defendant completed the registration of ownership preservation for the land of this case, and the registration of ownership preservation for the defendant's name is valid.

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