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(영문) 서울중앙지방법원 2017.05.30 2016가단132954
소유권보존등기말소
Text

1. The defendant on November 24, 2006, with respect to the Suwon District Court with respect to the land sizeing to 595 square meters of B forest land in Gyeonggi Sung-si.

Reasons

1. Facts of recognition;

A. The Forest Survey Division prepared in the Japanese occupation point period was deleted from the name column, which is the title holder of the assessment of Suwon-gun B (180 square meters, 595 square meters (hereinafter “instant land”) and entered in C (round July 6, 1918), and D ( January 6, 1919 on the date of the report) in the name column, which is the title holder of the assessment of the land in Suwon-gun B (180 square meters, 595 square meters (hereinafter “instant land”). The address column is written in Ma-gun.

B. The Defendant completed the registration of preservation of ownership on the instant land (the name of the administrative district is changed to Griri-ri-ri-ri-ri-si, Fri-si, Gri-si, Gri-si) by the Suwon District Court No. 162826, Nov. 24, 2006.

C. The Plaintiff’s conciliation division D died on May 21, 1950, and the head of South-Nam succeeded to Australia alone. On May 12, 1961, 1961, the Plaintiff’s wife’s wife and children’s wife’s wife’s wife and children’s wife’s wife’s wife’s wife and children’s wife’s wife’s wife and children’s wife, M, N, P, Plaintiff, and Qua jointly succeeded to the property.

On the other hand, the land survey division concerning R, S, each land and each land of U in terms of harmony is the name of each situation, D, which is located in the land survey division of P, P, and U., and all of the above Gri and W Dong lands are located close to the same location. Among them, D, the plaintiff's assistance in the above T land, completed registration of preservation of ownership around 1923, and the heir, including the plaintiff, completed registration of ownership on May 21, 1950 on the ground of inheritance on May 21, 2009.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 6, Eul evidence 1 and 2, each of the records and images (including each number), the purport of the whole pleadings

2. Determination

A. Circumstances acknowledged based on the above facts and evidence as to the same person as the situation titleholder and the Plaintiff’s conciliation division, i.e., ① the name of D, the assessment titleholder of the land in this case, and the name of the Plaintiff’s conciliation division, coincide with the Chinese one, and ② As seen earlier, the address column of the forest survey division of the land in this case is indicated by the Young-gun E, not the Plaintiff’s conciliation division, but the first owner.

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