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(영문) 서울중앙지방법원 2018.12.20 2018가단5148057
소유권말소등기
Text

1. As to the Plaintiff, with respect to the area of 1,983 square meters prior to Gyeonggi-gun C:

A. Defendant B is the District Court’s annual registry office of Jung-gu District Court on 2012.

Reasons

1. Facts of recognition;

(a) In the case of 1,983 square meters (in the case of a forest survey division, the area is indicated as “two short beams”; hereinafter “instant land”) before Gyeonggi-gun, Gyeonggi-do, 1913 (two years large)

7. 10. Circumstances were made to E residing in Gyeonggi-gun D.

B. As to the instant land, the registration of ownership preservation was completed in the name of the Defendant Republic of Korea on February 26, 1996, and the registration of ownership transfer was completed in the name of Defendant B on October 23, 2012.

C. G, a member of the Plaintiff’s largest Aband F, established his permanent domicile at H of Gyeonggi-do, and died at his permanent domicile on March 28, 1951 and established I’s cemetery at I.D.

The permanent domicile of the instant land and G is included in each other administrative district, but is close to the street.

E. As a result of the G’s death on March 28, 1951, the head of the Australia F, a family heir, succeeded to the property solely, and the F died on April 4, 2004, upon the death of the F, K and L, a spouse J and children, jointly succeeded to the property, and after K died on July 29, 2016, N,O, and P jointly succeeded to the property.

Ultimately, E’s property was inherited to J, L, M, N,O, and P at the ratio of 27/63, 18/63, 6/63, 4/63, 4/63, 4/63, 4/63, and 63 shares.

[Recognition] Facts without dispute, Gap's statements in Gap's 1 to 3, 5, 6, and 8 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. Although the title holder of the preservation registration is presumed to be the owner, if it is discovered that there is another person in charge of the assessment of the relevant land, such presumption is broken out, so the registration is deemed to be null and void unless the title holder proves his/her acquisition by succession specifically. Since the fact that the land in this case was circumstances before E on July 10, 1913 is as seen earlier, the registration of preservation of ownership in the name of the defendant Republic of Korea and the registration of transfer of ownership in the name of the defendant B, which is based on such fact, shall be cancelled in all of the grounds for invalidation.

B. On the other hand, the above.

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