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(영문) 의정부지방법원 2015.01.27 2013가단45686
소유권보존등기말소 등
Text

1. The plaintiff's respective claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

가. 일제 강점기에 경기도 가평군 F에 관하여 작성된 토지조사부에는 1914(대정 3년). 4. 1. 위 G 전 4,187평(이하 ‘이 사건 사정 대상 토지’라 한다)의 소유자로 경성부(京城府) H에 주소를 둔 I이 등재되어 있다.

B. The indication on the land cadastre and the real estate registration injury as to the area of 4,228 square meters (hereinafter “instant land”) before Pyeongtaek-gun, Gyeonggi-do (hereinafter “instant land”) is as follows.

1) On May 18, 1973, the deceased J. 2) on November 15, 1965, the registration of ownership transfer was completed on July 2, 1988 in the name of the deceased J. 3) on July 2, 1988 (4) on September 30, 1988, on September 30, 198, the ownership transfer registration was completed on September 28, 1988 on September 28, 1985, for the reason of inheritance by agreement and division as of August 4, 2005.

C. The deceased K died on February 11, 2006, and as the inheritor at the time of death, Defendant C and Defendant D were placed as the inheritor.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 3, 15, 16 (including each number), and the purport of the whole pleadings

2. The Plaintiff’s assertion that “I” is the same as “M”, the Plaintiff’s title of the land subject to the instant assessment, and the Plaintiff succeeded to “M” jointly with Nonparty N,O, P, Q, and R, the Plaintiff’s loss.

However, the instant land is a land divided from the land subject to the instant assessment, and the Plaintiff, one of the final inheritors of the instant land, is an act of preserving jointly-owned property, and thus, sought the cancellation of each registration against the Defendants, who completed the registration of invalidation of the cause for the instant land.

3. In a case where a suit asserts that his ownership was acquired by inheritance as a successor to the position of the person in charge of the judgment of this Court, his identity and identity of the person in charge of the assessment shall be strictly proved, and the judge shall be able to have convictions in this regard, and any doubt as to this issue may be raised.

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