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(영문) 서울중앙지방법원 2018.06.05 2017가단5060600
소유권보존등기말소청구
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 12, 1918, 1918, F, a Japanese colonial rule, has an address in Gyeonggi-gun E, Gyeonggi-do, shall be deemed to have been assessed as the owner of the 2-6-day forest GY G forest land in Gyeonggi-gun (hereinafter “instant assessment land”), and shall be written in the forest survey report.

B. The cadastral record of the instant assessment land was destroyed by the 625 War, and was destroyed by the 625 War, in around 1969, the cadastral restoration was completed by the 7th 1st 1st 8th 9th 1st 8th 9 of H forest. Since then, the cadastral record of the instant assessment land was divided into the B forest land 9th , C forest land 6th 2th , H forest land 1st 8th 6th , and 3th 5th 9th , respectively.

Since then, H Forest and D Forest were subject to registration conversion, and I Forest were divided and land category was changed to road at the same time.

A 9-free forest report and C-free forest report, which were divided, became B 892 square meters of forest land and C-owned forest land and 298 square meters of forest land as of the date of conversion into the area and the change of the name of the administrative district.

B Forest land was re-divided on June 17, 2003 and became 51 square meters of current B forest land and 841 square meters of current D forest land.

C. The Defendant completed each of the registrations of preservation of ownership (hereinafter “each of the registrations of this case”) on August 26, 1986, under the 16925 received on August 26, 1986, concerning the current forest land B, C, and D (hereinafter “each of the instant lands”).

[Reasons for Recognition] Facts without dispute, entry of Gap 3-5 evidence (where there are numbers in documentary evidence, such indications are omitted; hereinafter the same shall apply), the purport of the whole pleadings

2. Assertion and determination

A. F, upon the Plaintiff’s claim, died on June 23, 1959 of the assessment of the land of this case, which was the cause of the Plaintiff’s claim, the F, who was in charge of the instant assessment, died before the J, and accordingly, the Plaintiff, as a senior grandchild, inherited F’s property solely at the same time as the Australia inheritance, according

Therefore, the Plaintiff is presumed to be the owner of each of the instant lands derived from the instant land. Barring special circumstances, each of the instant preservation registrations that the Defendant completed with respect to the instant land is invalid without any cause. Therefore, the Defendant shall objection to the Plaintiff.

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