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(영문) 서울중앙지방법원 2018.05.17 2017가단5186953
소유권말소등기
Text

1. As to the land stated in the attached list to the plaintiff, the defendant's office of the High Government District Court of Jungyang Branch of the High Court on June 1996.

Reasons

1. Facts of recognition;

A. According to the Land Survey Book drawn up during the Japanese occupation occupation period, C, which has a domicile in the same Ri, is indicated as having received an assessment on September 5, 2000, in the same Ri as C, which was located in the same Ri.

B. The assessment land in the instant case was modified to the marking of the land in Gyeonggi-gu, Gyeonggi-do following the conversion of the area unit and the reorganization of administrative districts. Here, the D land on September 10, 1969 and the land listed in the attached list was divided into the aforementioned D land on June 5, 1980.

C. At the time of the above circumstances, E, the Plaintiff’s prior resident, had resided at the above Friri, and died on August 10, 1939, and G inherited family, and his children, including the Plaintiff, died on September 4, 1973, and jointly inherited property.

Attached Form

On June 4, 1996, the land indicated in the list (hereinafter referred to as the “instant land”) was registered for the preservation of ownership in the name of the Defendant by the Jung-gu District Court No. 20312.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 8 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the Plaintiff’s prior-party and the title holder’s identity determination, and the fact-finding inquiry inquiry report to the Hdong Resident Center of this court, it is reasonable to view that the Plaintiff’s prior-party E and the title holder’s prior-party C are the same as the former, and the latter’s prior-party E are the same as the latter, and the latter’s domicile at the time of the situation of the situation of C and the Plaintiff’s prior-party E, and the legal domicile at the time of the situation of the situation of the Plaintiff’s prior-party E are the same as the unit of Ri. At the time of the circumstance of the situation of this case, materials to recognize that the Plaintiff’s prior-party E had resided in the above Fri

B. Where there is a separate person in charge of assessment, the Land Survey Division under the legal doctrine on the presumption of ownership and the former Land Survey Ordinance; or

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