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(영문) 서울중앙지방법원 2018.09.06 2016가단5042254
소유권보존등기말소
Text

1. The defendant is against the plaintiffs:

A. As to E, E, Dong-si, Gyeonggi-do, and F, 1,726 square meters of forest land in Yju-si, Gyeonggi-do.

Reasons

1. Basic facts

A. The Plaintiff A’s spouse, Plaintiff B, C, and D of the deceased (hereinafter “the deceased”) are children of the deceased, and the Plaintiffs are co-inheritors of the deceased.

B. The Deceased completed the registration of preservation of ownership as the head of Suwon District Court No. 12074 on November 2, 1984 with respect to ① 1,091 square meters prior to I in the Innju City of Gyeonggi, ② 1,785 square meters prior to J, such as the Women’s Branch of Suwon District Court, etc.

③ Nonparty K completed the registration of ownership transfer on February 10, 1996 with No. 2648, such as the same support with respect to L 694 square meters. On April 19, 2005, Nonparty K completed the registration of ownership transfer on the ground of sale on April 12, 2005 under the name of the deceased.

C. The Defendant (the Ministry of Strategy and Finance) registered the area of 625 square meters in G prior to G as the owner on December 22, 1995 with respect to the area of 625 square meters at the time of the opening of the 200-scale sports, and completed the registration of preservation of ownership as the receipt No. 6157 on March 29, 1996 by the Suwon District Court in the register of real estate

In addition, on January 11, 1996, the Republic of Korea registered as the owner of the land cadastre on January 11, 1996, and each registration of preservation of ownership was completed on March 12, 1996 by each Suwon District Court No. 4900, which was received on March 12, 1996.

(b) sub-paragraph (c) shall refer only to the lands described in sub-paragraph (b) and (c). [The grounds for recognition: fact that there is no dispute, and described in sub-paragraph (a) to 3, 8, 9 (including the serial number)];

2. The parties' assertion

A. The plaintiffs asserts that since the land of I, J, L and each of the lands registered in the name of the deceased and the land of G, F, and E registered in the name of the defendant are the same real estate corresponding to each other as indicated below, each registration of preservation of ownership in the name of the defendant last should be cancelled because they constitute duplicate registration.

I J L EF G

B. As to this, the Defendant asserts that the number, category, and area of the land alleged to be corresponding to one another are different, and it is difficult to view it as the same land.

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