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(영문) 서울중앙지방법원 2016.04.05 2015가단5154853
소유권말소등기
Text

1. The Defendant shall pay to the Plaintiff the share of 3/13 square meters in Gyeonggi-gun B forest land and 143 square meters in C, and 492 square meters in each of them.

Reasons

1. Basic facts

A. According to the Land Survey Division prepared by the Joseon General Colon, Germany, and the Provisional Land Survey Division in the Japanese colonial era, the Gyeonggi-si B forest land B 192 (hereinafter “instant assessment land”) is registered as being under circumstances D, but the address of the person under whose name the situation occurred is not separately indicated.

B. Since then, the instant land was divided into 143 square meters of Gyeonggi-gun B forest land and 143 square meters of C, and 492 square meters of land (hereinafter “each of the instant land”), and the Defendant completed each of the instant land registration as the District Court of Jung-gu District on December 24, 1996, No. 16935 of the receipt on December 24, 1996.

C. On April 18, 1950, E, the Plaintiff’s father, died on April 18, 1950, and F, her father, died on November 4, 1987, and F, as his children, had six children, Plaintiff G, H, I, J, and K.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 through 6 (including virtual numbers), and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's each land of this case is inherited by descendants, including the plaintiff, in sequence after the plaintiff's protocol was acquired from the plaintiff's protocol after the plaintiff's original acquisition, and the registration of preservation of ownership of each land of this case is invalid because the defendant's registration of preservation of ownership is by non-ownership

Therefore, the defendant is obligated to implement the registration procedure for ownership transfer based on the restoration of real name within the scope of the plaintiff's inheritance shares.

B. It is extremely rare that Defendant D and the Plaintiff’s preference, the assessment title of the assessment title of the instant assessment land, cannot be recognized as the same person. Even if so, there is no change in the ownership relationship of land for a long time. Therefore, the Plaintiff’s preference is highly likely to have already been disposed of.

3. Determination

A. (1) Any person who is registered as the owner in the land survey register or the forest survey register in the name of the defendant shall be subject to an adjudication.

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