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(영문) 서울중앙지방법원 2019.05.24 2018가단5188987
소유권말소등기
Text

1. The defendant shall be the plaintiff.

(a) the District Court in the District Court with respect to the real estate listed in Appendix 1 List 1.

Reasons

1. Facts of recognition;

A. On April 1, 1914, the Land Survey Division drafted during the Japanese Occupation Period was written on April 1, 1914, stating that E (E and the address column are vacant) was written on April 2, 1914, and KRW 2,034, and KRW 1,095,095 (the name of the administration was changed to Driri-ri, Namyang-si, Yangyang-si, Yangyang-si; hereinafter referred to as “each of the instant circumstances”).

B. Each of the instant circumstances land remains at present through division and change of the name of the administrative district, as shown in attached Table 2.

C. On March 18, 1938, “F,” the Plaintiff’s fleet, died on the part of March 18, 193, succeeded to F’s property solely by way of G’s death on April 2, 1945, and H solely succeeded to G’s property. H’s children died on January 30, 2010, thereby jointly succeeding to H’s property.

On the other hand, the defendant completed the registration of preservation of ownership (hereinafter "each preservation registration of this case") in the name of each real estate listed in the separate sheet No. 1 (hereinafter "each land of this case") as stated in Paragraph 1 of the Disposition.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 through 6, 9 through 27, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The following circumstances, i.e., the names of E and F, the Plaintiff’s prior to whether the assessment titleholder of each of the circumstances in this case and the Plaintiff’s prior to the same person, are identical to those of E, the assessment titleholder of each of the circumstances in this case, and the Plaintiff’s prior to the same person, and Article 4 (Land Survey Division) and (2) of the Regulations on the Investigation of Provisional Land in the Joseon General and the Plaintiff’s Land Survey Bureau provides that “the address shall be omitted in the case where the owner’s address and the location of the land are identical.” The land survey division for each of the circumstances in this case shall also correspond to the case where the Myeon, Gun, and Do are identical.”

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