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(영문) 서울중앙지방법원 2020.12.22 2019가단5215107
소유권말소등기
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

가. 일제강점기에 작성된 토지조사부에는 연천군(連川郡) B리에 주소를 둔 C(이하 ‘사정명의인 C’라고 한다)가 1913.(대정 2년)

9. It is indicated as follows: (a) Seocheon-gun D-gun D-gun 328 (hereinafter “Ground 1”); (b) Seocheon-gun E-gun E-Y No. 1,117 (hereinafter “Ground 2”); and (c) Dongcheon-gun F-gun No. 74 et al. (hereinafter “third-form land”); and (d) in the case of a common term “Ground 1, 2, or 3-form land,” the instant situation is either “land” or “land before subdivision.”

B. From the first land, the second land is from the second land, and the third land is from the third land to the third land, respectively, the area-unit conversion, change of the name of administrative district, and division are now reaching the present.

(hereinafter referred to as "each land of this case") when referring to the land of this case, Nos. 1, 2 and 3.

For each land of this case, registration of preservation of ownership has been completed in the future of the defendant, such as in the column for registration of preservation of the list of the attached land.

On January 27, 1937, the Plaintiff’s early G (hereinafter “Plaintiff’s early G”) died and succeeded to the Plaintiff’s property by H, a family heir, and H died on October 5, 1963 and jointly succeeded to the Plaintiff, I, and J’s property.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 7 evidence (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The Plaintiff’s prior G and assessment title C are the same person, and each of the instant lands is the land jointly inherited to the Plaintiff, etc. after the Plaintiff’s prior G was acquired upon the Plaintiff’s prior acquisition due to the Plaintiff’s prior G. As such, registration of preservation of ownership of each of the instant lands in the name of the Defendant is null and void without any legal cause.

Therefore, the Plaintiff, one of the co-owners of each of the lands of this case, is seeking the cancellation of registration of preservation of ownership of each of the lands of this case against the Defendant by the act of preservation of co-owned property.

3. Determination

(a)the following:

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