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(영문) 서울중앙지방법원 2017.12.19 2017가단5114583
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. G residing in Macheon-gun-gun 669 and E 2,034 are written in the Land Survey Division, where the G residing in Macheon-gun F on March 10, 1914 was under circumstances.

B. D land was divided into the land No. 1 of this case, and land No. 2 of this case was divided into the land No. 2 of this case.

C. On October 22, 1997, the Defendant completed each of the registration of ownership preservation on the land Nos. 1 and 2 of this case, following the procedure for the public announcement of unregistered real estate.

On October 5, 1940, I established the permanent domicile in Spocheon-gun H, and succeeded to Australia by J, son, son, son. On June 18, 1948, J died and succeeded to Australia, which is son, and on January 20, 2005, K died and jointly succeeded to the Plaintiff, son, and L, son, son, son.

E. Mancheon-gun became Nancheon-gun due to the reorganization of administrative districts around 1914.

[Ground of recognition] Unsatisfy, Gap evidence 1-1, 2-2, Gap evidence 2-1, 2-2, Gap evidence 3 and 5-2, the fact inquiry result of the fact inquiry conducted on September 25, 2017 with respect to the so-called market of this court, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, G, the title holder of the assessment of the land before dividing the land Nos. 1 and 2 and I, the Plaintiff’s preference, is the same person in light of the Chinese name, address, permanent domicile, etc., as the title holder of the assessment of the said land, and as the Plaintiff et al. died after the original acquisition of the said land as the title holder of the assessment, the registration of preservation of ownership on the land Nos. 1 and 2, which was completed in the name of the Defendant, constitutes the registration of invalidation as long as the title holder of the assessment proves that there exists a separate existence

(See Supreme Court Decision 2007Da79718 Decided December 24, 2008). Therefore, barring any special circumstance, the Defendant is obligated to implement the registration procedure for cancellation of the registration of cancellation of the instant registration of ownership preservation on the land Nos. 1 and 2, which is a co-inheritors who inherited the title holder in succession, barring any special circumstance.

3. Judgment on the defendant's assertion

A. The defendant's assertion is at least the defendant.

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