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(영문) 서울중앙지방법원 2016.02.02 2014가단5102770
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Land Survey Book for Gyeonggi-gun Co, Ltd, which was prepared during the Japanese colonial era, is written by D having the address in the said C as of the 1,333 square meters prior to E (hereinafter “the land subject to the instant assessment”).

B. The land subject to the assessment of this case was divided into land and changed administrative districts, and the road of this case was divided from the land subject to the assessment of this case, and at present, the registration of preservation of ownership in the name of the defendant (hereinafter “registration of preservation of ownership”) has been completed regarding the road of this case, as stated in the purport of the claim.

C. On October 6, 1943, the Plaintiff’s prior-party D died and succeeded to Australia independently by the President of the South-North netF. On February 3, 1962, the deceased on February 3, 1962, G, H, and the deceased on April 19, 1971, the deceased on April 19, 197, and the deceased’s children, including the Plaintiff, were the co-property successors of I.

On the other hand, the legal domicile of the deceased F is Gyeonggi-si J.

[Ground for Recognition: Facts without dispute, entry of Gap1 through 3, purport of the whole pleadings]

2. The plaintiff's assertion

A. The Plaintiff’s prior net D acquired ownership under the circumstances of the instant land subject to the assessment, and the Plaintiff jointly inherited the instant land divided from the land subject to the assessment of the instant land, as one of the subsequent descendants of the network D.

B. The Defendant, without any title, has completed the registration of preservation of ownership on the road of this case. As one of the co-inheritors, the Plaintiff, seeking the cancellation of registration of preservation of ownership, is obligated to perform the procedure for registration of cancellation of registration of preservation of ownership of this case on the road of this case.

B. (1) First, we examine whether D and D, the assessment title of the land subject to the instant assessment, are the same person.

According to the above, D and the Plaintiff’s prior owner are identical to the land subject to the assessment of this case. However, the address of the land subject to the assessment of this case is the name of the land subject to the assessment of this case.

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