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(영문) 서울중앙지방법원 2016.04.08 2015나27247
소유권말소등기
Text

1. The plaintiffs' appeals against the defendants are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

1. Basic facts

A. 1) The land survey book prepared by the land survey station located in Gyeonggi-gun-gun, Gyeonggi-gun, Gyeonggi-do (hereinafter “instant land 1”), 734 square meters prior to AM, and 89 square meters prior to TM (hereinafter “third land”). The land survey book prepared by the land survey station located in Gyeonggi-gun, Gyeonggi-gun, Gyeonggi-do, with respect to the land survey station located in Gyeonggi-do-gun, Gyeonggi-do-gun. The land survey book was written as follows: (a) 734 square meters prior to AM; (b) 734 square meters prior to AM was divided into part after the land restoration; and (c) 1517 square meters prior to SP was divided into 1517 square meters after the land restoration (hereinafter “the instant land 2”). At the time the above O was found to have no otherO located in Gyeonggi-gun-gun, Gyeonggi-gun, as at the time the said land was

B. The Plaintiffs’ preference and inheritance relations are permanent domiciles in the Gyeonggi-do P, and they jointly inherited their properties as descendants of “O” transferred to Seoul Jongno-gu Q.

C. The registry and land cadastre 1) the registry of the instant land No. 1 was not yet prepared, and the old land cadastre stated that “O” with N’s address was transferred the ownership to X residing in W on July 13, 1957, and on the current land cadastre as of January 23, 1963, X obtained ownership transfer on the same date. On the other hand, X died on December 15, 1993, and Y and Z (i.e., their children) paid the property tax on the instant land No. 1 with respect to the instant land No. 2 and 3, each of the instant land was completed in the name of Defendant R on April 17, 1965 (No. 2173) and thereafter there was no change in rights.

On the other hand, the land cadastre of this case stated that NO was assessed on April 17, 1965 that it was owned by Defendant R as the preservation of ownership.

【No dispute over the ground for recognition】No dispute over the facts of Gap’s evidence 1-3, 4, 2-3, 4, 3-3, 4, 5, 4-1 through 7, and 4-1 through 7, and the head of Si/Gun/Eup of this court.

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