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(영문) 수원지방법원 2020.09.10 2020가단513749
소유권말소등기
Text

The defendant on December 24, 1996, with respect to each real estate listed in the attached list to the plaintiff, the Suwon District Court of Suwon District.

Reasons

1. On April 28, 1911, the land investigation division prepared by the ship-general shipbuilding department and the provisional land investigation authority, which was recognized as the facts of fact, stated C as being under the circumstances of the judgment of the court below on April 28, 191, Suwon-gun B, 966 (hereinafter “instant assessment land”).

After that, part of the assessment land of this case was 327 square meters of D river in Sung-si after the division and change of the administrative district category, area, unit, etc.

On December 24, 1996, the Defendant completed the registration of preservation of ownership on D river No. 327 square meters by filing a public announcement procedure of non-owned real estate on December 24, 1996. The said land was divided into each of the real estate listed in [Attachment 1 and 2] on June 5, 2018 (hereinafter “each of the instant land”).

On November 30, 1930, E, the Plaintiff’s fleet, died on November 30, 1930, and succeeded to the entire property of the above E as Australia’s heir. On March 3, 1946, G, his funeral heir, succeeded to the entire property of the above F as Australia’s heir. On October 25, 2006, G died on October 25, 2006, and jointly succeeded to the above G’s property by the Plaintiff, I, J, J, K, L, and M, his spouse.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Determination as to the cause of action

A. The following circumstances, which are acknowledged by comprehensively taking account of the evidence and the overall purport of Gap evidence Nos. 6, 7, and 8 as to the land of this case and the plaintiff’s advance payment, namely, ① the situation titleholder of the land of this case and the plaintiff’s advance payment, are identical to Eul, ② the land survey division concerning the land of this case has a blank space with C’s address, the circumstance titleholder, and ② the land survey division concerning the land of this case has a blank space. The land survey division’s address is the same as the land location according to the regulations of the Joseon General Land Survey Bureau on the Guidelines for the Preparation of Land Survey Division established during the Japanese occupation period.

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