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(영문) 서울중앙지방법원 2020.09.18 2019나44493
소유권말소등기
Text

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

2. The defendant shall own the land of 2,456 square meters in Nam-si, Namyang-si.

Reasons

1. Facts of recognition;

A. On October 1, 1913, the land investigation division prepared by the Land Survey Bureau in the Japanese colonial Rule, the Japanese colonial Rule, the Japanese colonial Rule, entered into the land investigation division with the address of 743 square meters (2,456 square meters; hereinafter “instant land” in this case) prior to the Namyang-gun, the Namyang-gun, the Namyang-gun, the Gyeonggi-do, and when indicating land, the land shall be specified to the extent that the F was under the circumstance of Dauri-gun, the Namyang-gun.

B. On March 20, 1961, cadastral records were restored to the land of this case. The land category in the old land cadastre that was restored was written on March 20, 1961, and the area of the land of this case was written on “the answer”; “743 square meters”; the owner was “unrepared”; and the remarks column was written on “the Defendant for recovery registration and the area of land category (the registration ledger:

C. Meanwhile, on the other hand, on June 30, 1953 regarding C’s 400 square meters, registration of preservation of ownership was completed in the name of the co-defendant B (hereinafter “B”) of the first instance court due to recovery as No. 15773, Jun. 30, 1953.

On December 12, 1921, G, the Plaintiff’s fleet, established a permanent domicile in the Namyang-gun, Nam-gun, the Republic of Korea died on December 12, 1921, and he succeeded to the family head and the property solely by his son on March 16, 1936, and he succeeded to the family head and the property solely by his son on January 20, 1950. The J died on January 20, 1950, and on August 27, 1987, K succeeded to the property jointly by Ma, the Plaintiff, N, andO, the wife L and its children.

E. After that, on January 21, 2018, the Plaintiff, who is co-inheritors, and L, M, N, andO concluded an inheritance division agreement with the purport that the Plaintiff unilaterally succeeds to the property, including the instant land.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3-2, 3, 4-2, 5-12 (including each number), Eul evidence Nos. 6 and 7, and the purport of the whole pleadings

2. Both claims;

A. G, the Plaintiff’s fleet, G and F, the assessment title of the instant land, as the same person, acquired the ownership of the instant land in original terms, and the Plaintiff was subject to an inheritance and an inheritance division consultation.

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