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(영문) 서울중앙지방법원 2015.06.26 2014가단5285224
소유권말소등기
Text

1. The defendant on June 30, 1956, with respect to each real estate listed in the separate sheet to the plaintiff.

Reasons

1. Determination as to the cause of claim

(a) Recognition 1) Gyeonggi-gun Group B (Acheon-gun, hereinafter the same shall apply) 443 et al. is land under the circumstances of C around 1912, which was the Japanese colonial rule. 2) The address of the land investigation and supplementary injury C becomes vacant.

Attached Form

Land indicated in the list (hereinafter referred to as the “instant land”) is divided from the land under the circumstances of C.

The defendant completed the registration of ownership preservation on the land of this case by the Suwon District Court Leecheon District Court, Leecheon District Court, No. 865, Jun. 30, 1956.

3) On January 14, 1936, C, whose permanent domicile was established in Gyeonggi-gun, Leecheon-gun, died on January 14, 193, and there was no Dong name other than the above E. F, as a family heir, succeeded to the property solely as a family heir. F, on August 12, 1985, died on August 12, 1985, and the Plaintiff is one of the co-inheritors. [each entry in the evidence Nos. 1 through 4, the inquiry results about the head of Dong-si, Leecheon-gun, and the purport of the entire pleadings.

B. According to the above facts, the assessment titleholder and the Plaintiff’s lighting division of the land in this case are confirmed to be the same person, as one person’s name and address are the same. As such, C acquired the land in this case at once, and the co-inheritors, including the Plaintiff, succeeded to and acquired the land in this case. (2) Therefore, the registration of preservation of ownership in the Defendant’s name as to the land in this case’s case’s case’s cannot be deemed null and void

The defendant is obligated to execute the procedure for cancellation of the above preservation registration to the plaintiff who filed the lawsuit of this case as an act of preservation for jointly owned property, barring special circumstances.

2. The defendant's assertion and judgment

A. The gist of the claim 1) The defendant acquired a legitimate title to the land of this case in accordance with the procedure for acquiring non-owned real estate and occupied it in peace and public performance with the intention of ownership after completing the registration of preservation of ownership on June 30, 1956. Thus, the defendant acquired the land of this case by prescription around June 30, 196, when 10 years have passed since the registration of preservation of ownership was completed, or around June 30, 1976.

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