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(영문) 수원지방법원성남지원 2017.05.30 2016가합202127
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 defendant is a clan with DC 20 years old E as a joint ancestor.

B. On August 30, 1911, F was assessed on the G G of Gyeonggi-do 1,017 (hereinafter “instant land before the instant partition”).

C. The land prior to the instant partition was divided into 3,121 square meters and 241 square meters prior to G on December 5, 1980, and then divided into 3,121 square meters prior to H, and as a result, the name of the administrative district was changed thereafter, the land prior to the instant partition became 3,121 square meters prior to Gwangju City (hereinafter “instant land”) and 241 square meters prior to I.

On May 28, 1976, only the matters concerning the indication of land was registered on the land cadastre, and the owner column was not restored. On April 13, 1985, after the division, the owner of the instant land was changed to the Defendant (the title at the time was Jin, but the name was changed to the Defendant as of February 26, 201, according to the changed resolution of February 26, 201) on April 29, 1985. The above changed registration was cancelled on October 29, 1985.

E. After all, on May 28, 1986, the reason for the change in ownership on the land in this case was the reason for the change in the land cadastre, and the defendant is re-registered as the owner, as well as the registration of preservation of ownership (hereinafter “registration of preservation of this case”) was completed under Article 11513 of the same day, and the registration of change in the name of the defendant was made on March 24, 201 as the change in the name of the defendant was made on March 24, 201.

F. F Around April 29, 1927, upon the death of the F, K, a family heir, inherited the property independently. K also died on November 17, 1949, and L, a family heir, inherited the property independently. The above L also died on February 12, 199, and the Plaintiff is one of the heirs.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1, 2, 3, 4, 5, 11, and Eul evidence Nos. 3, 8, 12, 13, 15, 27 (including spot numbers, if any).

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