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(영문) 서울중앙지방법원 2019.12.06 2019나22776
소유권보존등기말소절차이행
Text

1. Of the judgment of the court of first instance, 415/651 out of the lands listed in the separate sheet Nos. 6 and 12 and the lands listed in the separate sheet No. 20. 20.

Reasons

1. In the first instance court, the Plaintiff sought the confirmation of ownership of the land listed in paragraph (1) of the Attached List to the Defendant. The Plaintiff sought the cancellation of registration of ownership of each land listed in paragraphs (1) through (13) of the Attached Table Nos. 2 through (13), each land listed in paragraphs (15) through (18), 717/1395 of the land listed in paragraph (19), 321/40 of the land listed in paragraph (20, 375/750 of the land listed in paragraph (21), 22/25 of the land listed in paragraph (21), and 25 of the Attached Table No. 1, and the first instance court dismissed the claim for the confirmation of ownership of each land listed in paragraphs (1) of the Attached Table No. 6 and paragraph (12), 717/1395 of the land listed in paragraphs (19), 491/651 of the land listed in paragraph (20), 375/75/25 through 25 of the remaining land.

Accordingly, the Plaintiff filed an appeal regarding the land listed in the attached list No. 10, 66/3269 shares among the land listed in paragraph (11), 235/32 shares, and 17 shares among the land listed in paragraph (11), and the Defendant filed an appeal regarding the whole part of the damages. As such, the subject of the judgment by this court is limited to the land listed in paragraph (6) of the attached list No. 6, 66/3269 shares among the land listed in paragraph (10), 235/32 shares among the land listed in paragraph (111), 235/32 shares, 12, and 17 shares among the land listed in paragraph (19), 491/651 shares among the land listed in paragraph (20), 375/750 shares among the land listed in paragraph (21), 22 or 25 shares among the land listed in paragraph (20).

2. The reasoning of the court's explanation concerning this case is the same as the reasoning of the judgment of the court of first instance, except for the addition or dismissal as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. As follows, the part added or dried shall consist of the 6th 20 to 7th 9 pages of the judgment of the first instance.

The defendant asserts that the acquisition by prescription or the acquisition by prescription of registry has been completed by using the land as the road site.

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