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(영문) 서울중앙지방법원 2020.02.18 2018가단5101065
소유권보존등기말소
Text

1. The Defendant: (a) the Plaintiff:

Attached Form

With respect to the land set forth in paragraph (1) of the list, the Suwon District Court shall be Yangyang Registry of September 11, 1996.

Reasons

1. Basic facts

A. The land investigation division prepared by the Japanese governor-general under the Joseon Land Investigation Order, which was enforced during the Japanese occupation period, stated C as being subject to the assessment on March 31, 1914 (hereinafter “instant assessment land”), the address of which was an official disturbance.

B. The assessment land of this case became each land indicated in the separate sheet (hereinafter referred to as “instant land”) through the unit conversion, division, land category change, etc., and the Defendant completed each registration of preservation of ownership on September 11, 1996 as to the land listed in the separate sheet No. 1, and on the land listed in the separate sheet No. 2, the separate sheet No. 2, on July 30, 1996 (hereinafter “instant preservation registration”).

C. On the other hand, the plaintiff's assistance division D, while residing in Yangyang-gun E with his permanent domicile, died and the F jointly succeeded to D's property, and the plaintiff jointly succeeded to F's property on August 27, 1985 due to the death of F.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 3 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. The following circumstances, which are acknowledged by comprehensively considering the overall purport of the pleadings as a result of the inquiry into the situation’s land name and the Plaintiff’s fleet D as to whether the assessment name and the Plaintiff’s fleet were the same person, the written evidence Nos. 4 and 5, and the fact inquiry into the G pages G of this Court (the Plaintiff’s response on November 21, 2019), namely, ① the assessment name of the situation’s land and the Plaintiff’s co-ordination D are the same as one’s name; ② the address column of the land survey division as to the land of this case is blank; ② the address column of the land survey division as to the land of this case is a blank space. In a case where the location of the land and the owner’s address are identical, according to the regulations of the Land Survey Bureau of the Joseon-do, the assessment titleholder was residing in H of Pyeongtaek-gun at the time of the situation.

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