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(영문) 서울중앙지방법원 2015.09.16 2014가단210645 (1)
소유권보존등기말소
Text

1. The defendant shall be the plaintiff.

A. The Suwon District Court's Sung-si registry office with respect to the area of 311 square meters of B site in Sung-si on April 11, 2005.

Reasons

1. Basic facts

A. According to the Land Survey Book drawn up during the Japanese Occupation Period, each land of 94 square meters, C preceding 38 square meters, and E preceding 54 square meters is indicated as being inspected by G with an address in F.

Of the above lands, the 94 square meters prior to B was changed to 311 square meters of the site B in Mosung-si after the land category change on December 28, 1957 and the unit conversion on January 31, 197 (hereinafter “first real estate”). The 38 square meters prior to C was changed to 126 square meters of the road C (hereinafter “second real estate”) on May 4, 1970 and the unit conversion on January 31, 197, respectively.

On the other hand, the land category was changed to the road on December 2, 1988 after it was divided from the above E land on December 2, 198 and the land category was changed to May 18, 1989.

B. On July 9, 1935, the Plaintiff’s prior domicile (H., the legal domicile of Suwon-gun, Gyeonggi-do) died. According to the custom prior to January 1, 1960, the enforcement date of the Civil Code, H’s property was inherited solely by the J, a South-Nam who inherited the family head, and on June 11, 1946, the J succeeded solely by K, a family heir.

The inheritance relationship after the death of K shall be as shown in the attached Table of Inheritance Shares.

On the other hand, the above J is registered as the owner in the old land cadastre concerning the first and second real estate of this case.

C. After undergoing the procedure of announcement of non-owned real estate, the Defendant completed each registration of preservation of ownership (hereinafter collectively referred to as the “each of the instant registrations”) with respect to the instant real estate Nos. 10844, which was received on Apr. 11, 2005 by Suwon District Court, the Seosung District Court, No. 46063, Mar. 5, 1996, as to the instant real estate No. 2, which was received on Mar. 5, 1996 by the same registry office, as to the instant real estate No. 3 as of Oct. 4, 1996.

2. Determination as to the cause of claim

A. According to the above facts of recognition as to the identity of the assessment titleholder and the Plaintiff’s fleet, the address of G, the title of the land investigation and injury, and the legal domicile of H, the Plaintiff’s preference, correspond to the above F (L).

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