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(영문) 서울중앙지방법원 2017.07.19 2016나41240
소유권보존등기말소
Text

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

2. The plaintiff's claim as to the above cancellation part is dismissed.

Reasons

1. In the first instance court, the Plaintiff requested the Defendant to cancel the registration of initial ownership relating to each of the lands listed in the separate sheet. The first instance court dismissed the claim for cancellation of registration of initial ownership relating to each of the lands listed in the separate sheet Nos. 1 through 6, and accepted the claim for cancellation of registration of initial ownership relating to the land listed in paragraph 7 of the same list (hereinafter “instant land”).

The defendant only appealed against the part of the claim for cancellation of the registration of preservation of ownership on the land of this case. Thus, the subject of the judgment of this court is limited to the claim for cancellation of the registration of preservation of ownership on the land of this case as above.

2. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in the entries in Gap evidence 7-1 to 3, Gap evidence 8-1, 2, and Eul evidence 15:

H Forest land research division in Yangju-gun B, which was prepared under the Japanese colonial rule, is written by the J residing in I as being subject to the ruling.

B. On November 30, 1963, the land category was changed to a road on April 20, 1983, and the land in this case was changed to a road.

C. On October 27, 1992, the Defendant completed the registration of preservation of ownership (hereinafter “registration of preservation of this case”) by 38242 against the land of this case’s Government District Court’s registry office.

On January 24, 1928, AA, the Plaintiff’s fleet, died, and his head succeeded to the property solely.

AO died on March 10, 1962, and his wife and children jointly inherited AO’s property. He died on June 5, 1974, and AH died on June 5, 194, and AC died on January 3, 198.

The plaintiff, as a wife of AC, succeeded to the property of E in collaboration with ADAEAFAG, AH's large heir, the AIJ, the plaintiff and AC's children.

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