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(영문) 서울중앙지방법원 2017.08.29 2016나70057
소유권말소등기
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. Basic facts

A. In the land survey division on the 44 square meters prior to the Gyeonggi-gun, Yangju-gun, which was prepared in the Japanese colonial era (hereinafter “instant land”), the land survey division on the 44 square meters prior to the Dongri-si, B through the procedures such as the change of administrative district and the conversion of the area; hereinafter “the instant land”). The address is a blank space.

B. The instant land was destroyed at the time of the Korean War, and its land cadastre was restored on February 12, 1958. The owner’s column was written D, and the owner’s column was an official disturbance in the land cadastre drafted on December 30, 197.

C. On October 25, 1995, the Defendant completed the registration of ownership preservation (hereinafter “registration of ownership preservation”) as the receipt No. 60319 of Oct. 25, 1995, the District Court of the Dong-gu District Court registry office of the Dong-ri District Court on the instant land.

The plaintiff's family register E had a permanent domicile in the Gyeonggi-do Yangju-gun F, but died on March 4, 1927, and on the death on September 22, 1952, the head of South-Nam Ha died and succeeded to family and property. The above H died on September 22, 1952 and the head of South-Nam Ha succeeded to family and property. On April 10, 1953, the next head of family and the inheritance of property were carried out in accordance with the principle of the punishment rate. On February 20, 1984, the above I died on February 20, 1984, and the plaintiff and five other children were jointly succeeded to the property.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 4, 8, and 9 (including virtual numbers), each fact inquiry result of old viewing, the purport of the whole pleadings

2. Determination

A. The following circumstances, which are acknowledged by the evidence revealed prior to the determination as to the cause of the claim and by the statement in Gap 5 to 7, namely, ① the circumstance of the land in this case, D and the Plaintiff’s increased portion E are identical to the Chinese name, and ② although the land survey division does not contain D’s address, it is based on the summary at the time of preparation of the land survey division, which omits entry when the land location and the owner’s domicile are identical.

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