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(영문) 서울중앙지방법원 2019.08.29 2018가단5185452
소유권말소등기
Text

1. The defendant

A. The Suwon District Court's Sung-nam Branch with respect to the area of 208 square meters prior to the Gyeonggi-si.

Reasons

1. The facts of recognition are ① Land Survey Division in Gyeonggi-do and Land Survey Division in relation to the Gyeonggi-do “Seoul City E” prepared by the Japanese Do Do Do Do Do Do Do 1917, the Japanese Do Do Do Do 1917, and the network H was located in G as the owner of each land listed in paragraph (1) of this Article (hereinafter “each land of this case”).

② On February 20, 193, the Plaintiff’s prior-user I died and her deceased on February 20, 193 (Death on March 31, 1948), following the Plaintiff’s death (Death on February 26, 1967), J (Death on February 26, 1967), and K’s attachment (Death on February 5, 1987), L, M, and N jointly succeeded.

③ The name of H as indicated in the above Land Survey Book is identical to the name of the Chinese master on the Plaintiff’s removed copies, and the address of the Plaintiff and the descendants and the address of the Plaintiff and the subsequent descendants are indicated as “Seoul-siO” on the Plaintiff’s removed copies of the Plaintiff’s G network I, and there is no Plaintiff’s first and the same person in G.

④ The Defendant completed registration of preservation of ownership in the future of the Defendant on each of the instant land as described in paragraph (1) of the Disposition.

【Ground of dispute】 The fact that there is no dispute, Gap's statements (including paper numbers) Nos. 1 through 4, and the fact-finding reply to P pages

2. Determination

A. In light of the fact that the name and domicile of H, who is the name of each land of this case and the Plaintiff Line I, coincide with that of H, who is the name of each land of this case, and no Dong name exists, the assessment titleholder of Plaintiff Line and each land of this case shall be regarded as the same person. As long as Plaintiff Line I acquired each land of this case as Plaintiff Line I, who is the name of the assessment titleholder, the presumption power of each registration of preservation of ownership in the name of the Defendant was reversed and the invalidity of the cause is registered, the Defendant, as co-inheritors of each land of this case, is obliged to perform the procedure of registration of cancellation.

B. As to the above, the Defendant: (a) the payment of each of the instant land was completed after the distribution of farmland; or (b) the instant land constitutes annexed facilities to the steel farmland.

As to each of the lands of this case, the acquisition by prescription is held.

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