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(영문) 의정부지방법원 2017.01.13 2015가합56229
소유권보존등기말소등기
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. Each land indicated in the separate sheet (hereinafter “each land of this case”) is divided into the land partitioned within B, 3572 square meters (11808 square meters) prior to Gu Government-si.

B. On February 8, 1978, the land listed in the attached list No. 1 was registered on the land cadastre after the cadastral recovery, and the registration of preservation of ownership was completed in the name of the defendant as the receipt No. 24539 on September 22, 1981.

After that, on March 2, 1993, the closure registration for the parcel number(C) was completed, and it was merged into Do-si and Do-si.

C. On February 8, 1978, the land listed in Attachment List No. 2 was registered on the land cadastre after the cadastral recovery, and the registration of preservation of ownership was completed in the name of the Defendant under the name of the Government Registry of the District Court No. 12539, May 9, 1984.

After that, on March 2, 1993, the registration of closure on the above parcel number(E) was completed, and it was merged into Do-si and Do-si.

On the other hand, as the net F died on September 7, 1921, G succeeded to Australia, and G died on November 21, 1998 and his children were H, I, J, the Plaintiff, and K. However, due to the division of inherited property, the Plaintiff was a sole inheritor for each of the instant lands.

[Ground of recognition] Unsatisfy, Gap evidence 2 through 7 (including paper numbers), the purport of the whole pleadings

2. The parties' assertion

A. In accordance with the Land Survey Order, the Plaintiff, who is the Plaintiff’s expansion father, acquired the ownership of the land prior to the subdivision of each of the instant lands by taking account of the circumstances of B, 3572 square meters (11808 square meters) prior to the Plaintiff’s Government, which was the land prior to the subdivision of each of the instant lands, and the Plaintiff’s sole inheritance of the Plaintiff’s property through G, the owner of each of the instant lands is the Plaintiff.

Therefore, the Defendant is obligated to cancel each registration of preservation of ownership in the name of the Defendant, which was completed without any cause on each of the instant land, to the Plaintiff.

B. 1) Evidence No. 1 (No. 1) indicating the identity between the assessment title holder of each land of this case and the Plaintiff’s increased investigation title is indicated in the Land Survey Book as the assessment title holder of each land of this case.

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