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(영문) 의정부지방법원 2017.07.07 2017나203764
소유권확인
Text

1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

1. In the first instance court, the Plaintiff sought confirmation of ownership of each real estate listed in the first instance court’s list and cancellation of registration of ownership preservation of real estate listed in the second instance judgment against the Defendant. The first instance court dismissed the part of confirmation of ownership of each real estate listed in the first instance court’s list, and accepted the claim for cancellation of registration of ownership preservation of real estate listed in the second list.

Accordingly, the Defendant only appealed against the part of the claim for cancellation of registration of ownership preservation on the real estate listed in the second list, and thus, the subject of adjudication by this court is limited to the claim for cancellation of registration of ownership preservation on the real estate listed in the attachment No. 2 of the judgment of the first instance,

2. Basic facts

A. The Forest Survey Division on Attached Table 2 of the judgment of the court of first instance prepared in 1919 (hereinafter “instant land”) is written by the owner as “F” with an address in Gurisung-gun.

B. On October 13, 1995, the defendant completed registration of preservation of ownership of the land of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 3-1, Gap evidence 5-1, Eul evidence 2-1 and Eul's evidence 2-2, fact-finding results in the court of original instance, the whole purport of arguments, and the purport of the whole arguments

3. The plaintiff's assertion and judgment

A. The plaintiff's assertion 1) The plaintiff's fleet B (B), and the plaintiff's fleet B (hereinafter "Plaintiff's fleet B").

(2) The Plaintiff is the owner of the instant land, and the Plaintiff inherited the instant land. However, on October 13, 1995, the Defendant completed the registration of ownership preservation on the instant land. As such, the Plaintiff sought against the Defendant the cancellation of the registration of ownership preservation in the name of the Defendant on the instant land as an exercise of the right to claim exclusion of disturbance based on ownership.

B. A person who was assessed as a landowner in a land survey project conducted under the Land Survey Order in the Japanese colonial Rule-1-related legal doctrine and the Japanese colonial Rule-based land survey project.

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