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(영문) 서울중앙지방법원 2017.01.11 2016가단5144297
소유권말소등기
Text

1. The defendant, on March 14, 1996, filed with the plaintiff with respect to Suwon District Court 357 square meters of the B road in Gwangju City.

Reasons

1. Facts of recognition;

A. The Gyeonggi-do Seoul Special Metropolitan City level 389 square meters (hereinafter referred to as the “instant assessment land”) is land under the assessment of E, around October 10, 1914 (Seoul Special Metropolitan City 44 years).

B. The instant assessment land became the 357 square meters of the Gyeonggi-do road B in Gwangju-si (hereinafter “instant land”) following the change of administrative district and the division thereof.

C. As to the instant land, the Defendant completed the registration of initial ownership on March 14, 1996 as the receipt No. 10817, which received on March 14, 1996.

The deceased on March 15, 1952, the deceased non-party G, the head of the family, the non-party deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on August 18, 1978, and the deceased on the part of H, I, J, K, L, M, and N were jointly inherited by the deceased on the part of the deceased on August 18, 1978. Among this, the deceased on March 6, 2013, the deceased on the part of the deceased on the part of the deceased on the co-inheritors, and the deceased on the part of the deceased on the part of the deceased on the part of the co-inheritors, U,V, W, X, X, H, Z, and AA became co-inheritors.

On June 10, 2016, the above co-inheritors agreed on the division of inherited property by the Plaintiff’s sole inheritance with respect to the instant land.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 16 (including provisional number), the purport of the whole pleadings

2. Determination as to the cause of action

A. Comprehensively taking account of the overall purport of the evidence as revealed earlier by the title holder of the circumstance, E, the title holder of the land in the instant case, and one-way name of F, the Plaintiff’s prior title holder, was identical to E, and E, at the time of the circumstances, at the time of the instant land assessment, E, the title holder of the land in this case had the address in Dong-gun, Gyeonggi-do, and the Plaintiff’s prior title holder F, the Plaintiff

According to the above facts of recognition, it is reasonable to see that F, the Plaintiff’s fleet F, and E, the circumstances of the instant land, are the same.

B. The presumption of ownership preservation on the land in question is broken if it is revealed that there is another person to whom the land was assessed, and if the registered titleholder fails to specifically assert and prove the acquisition by succession, he/she shall do so.

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