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(영문) 서울중앙지방법원 2016.01.27 2015가단5072784
소유권말소등기
Text

1. The defendant on March 30, 198, as to the real estate stated in the attached Table 1. List to the plaintiff.

Reasons

1. Facts of recognition;

(a) The land research department E, located in E, E, a domicile in E, E, E, E, in accordance with the Decree on Land Survey in force during the Japanese occupation period of E, E, 754 and C, 1,450, was registered in the land research department of E, E, E, E, a state of assessment around 1912;

B. On May 20, 1962, the land category of each of the above circumstances was changed to the maintenance of the land category. The real estate stated in the list 2289 square meters in Echeon-si, Echeon-si, following the conversion of the area unit, the alteration of the active area, and the division, was the real estate stated in the list 1. The land size of 4793 square meters in Echeon-si, Echeon-si, G 196 was changed to H and cancelled on December 21, 1996.

(hereinafter “each of the instant real estate”). C.

The defendant completed each registration of ownership preservation as to each of the real estates in this case.

On April 21, 1937, the Plaintiff was born from the YJ I to the south of the J. On March 3, 1924, E (the Plaintiff’s accommodation) died with the Defendant’s without any child on March 3, 1924, and on June 16, 1939, the Australia L (the Plaintiff’s assistance division, the father of E) who was the head of the household at the time of the death of E was killed on June 16, 1939, and on February 6, 1940, the J (the Plaintiff’s father) who succeeded to the head of the household was also the sole heir of the Plaintiff as the head of the household.

[Ground of Recognition] Facts without dispute, Gap 1 through 12, Eul 2 through 8 (including each number), the purport of the whole pleadings and arguments

2. Where it is revealed that there is another person in charge of the assessment of ownership preservation on the land to determine the cause of the claim, the registration shall be null and void if the person in charge of the assessment proves that there is another person in charge of the assessment of the land, and the registration shall be null and void.

Inasmuch as it is found that E had undergone the assessment of Leecheon-gun, Dongcheon-gun, Dongcheon-gun, Dongcheon-gun, 754 and 1,450 square meters, which is the gathering of each of the instant lands, registration of preservation of ownership in the Defendant’s name, which was completed with respect to each of the instant lands, shall be deemed null and void, unless there is any assertion or proof as to the lawful acquisition by succession, and the Defendant shall be the Plaintiff who succeeded to each of the instant lands

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