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(영문) 서울중앙지방법원 2016.01.21 2014가단5284115
소유권보존등기말소 등기절차 이행 청구
Text

1. The defendant shall pay to the plaintiffs each share on each real estate listed in the separate sheet of inheritance shares.

Reasons

1. On October 1, 1913, E with an address in the Gyeonggi-do Yang-gun, the fact of recognition was 834 square meters prior to the F in Yang-gun, Yang-gun, the Gyeonggi-do.

On May 17, 1958, the land category was changed to forest land. On December 26, 1995, the defendant filed a registration of preservation of ownership on the said land under Article 74047, which was received by the Namyang District Court of Jungyang District, the South-gu District Court, and on December 17, 2014, the said land was divided into each land listed in the separate sheet (hereinafter “each land of this case”).

On October 29, 1955, G of the Gyeonggi Yang-gun succeeded to the property of the Plaintiff A (2/13 x 4/9 x 8/117 x 8/17 ), Plaintiff K (2/13 x 8/9/17 x 13 x 13 x 1/17 x 2/17 / jointly inherited shares of the Plaintiff A (2/13 x 4/13 x 1/17 x 17 / jointly inherited shares of the Plaintiff C (2/13 x 4/9 x 17) who is South Korea, and the Plaintiff C (2/13 x 8/17 x 13 x 13 x 13 x 13 x 13 x 13 / 17 / 192 / 17 / 17 / 17 / 2/17 / 17 / the shares of the Plaintiffs.

[Ground of recognition] The fact that there is no dispute, Gap 1 through 5 (including each number in case where there is a virtual number), the purport of the whole pleading

2. In full view of the following circumstances revealed by the above facts of recognition and the quoted evidence, namely, E and the Plaintiff’s prior H, the position of the title holder, the address of the title holder, and the Plaintiffs’ prior H, all of the addresses, and the Plaintiffs’ prior H’ permanent domicile, and there is no evidence to presume that there was a title holder, the title holder, E and the Plaintiffs’ prior H, who are the names of the title holder, at the time of the preparation of the Land Survey Book, are the same person.

Therefore, the Gyeonggi Yang-gun, which is a single site for each land of this case, acquired the land at the original time under the circumstances of H, which is the plaintiffs' preference, and the registration of preservation of ownership completed in the future of the defendant with respect to each land of this case is null and void. Thus, the defendant is the co-inheritors of each land of this case.

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