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(영문) 서울중앙지방법원 2016.01.29 2015가단5119133
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Fact-finding;

A. On February 21, 1912, D was assessed as the owner on February 21, 1912, 200, 434, C, and 306, and 306,00,000,000.

The land survey report on each of the circumstances in this case states D's address as E in the field of leisure in the Gyeonggi-do.

On the other hand, the Plaintiff’s permanent domicile on the Plaintiff’s transcript of the F’s primary domicile is Gyeonggi-gun G, and at the time, E did not have the Plaintiff’s prior domicile F and Dong name.

B. Each of the lands listed in the separate sheet Nos. 1 and 2 is divided into B, which is the land of this case, and each of the lands listed in the separate sheet No. 3 is divided by C, which is the land of this case.

On July 29, 1957, the defendant filed a registration of preservation of ownership prior to each entry in the attached list.

C. Each entry in the separate sheet Nos. 1 and 2 is a road, and the previous entry in the separate sheet No. 3 is used by neighboring residents without permission.

On the other hand, Gyeonggi-do H changed its administrative district to I on April 1, 1989.

In addition, the name of the administrative district of I was changed to J on September 23, 2013.

The plaintiff is one of the successors of F's property.

[Ground for Recognition: Facts without dispute, Gap evidence 1-1, 2, and 6-1 through 4, Eul evidence 4-1, 2-1, and 4-2, the fact inquiry results to K of this court, the purport of the whole pleadings]

2. (1) According to the facts recognized above, it is reasonable to view D, the name of the circumstances in the separate sheet, as the same person as F, the Plaintiff’s prior owner of the forest in this case, barring any other circumstances. Therefore, the forest in this case is owned by the Plaintiff, etc., who is the property heir of F.

In addition, as long as it is found that there is a separate person in charge of the entire entries in the attached list, the registration of preservation of ownership of the defendant is invalid.

The defendant, as an act of preservation of the jointly owned property, is obligated to perform the procedure for registration of cancellation of registration of preservation of ownership.

(2) The Defendant each of the instant cases.

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