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(영문) 서울중앙지방법원 2019.11.14 2018가단5173602
소유권말소등기
Text

1. The defendant shall receive on September 5, 2006 from the Suwon District Court with respect to the land size of 992 square meters in Ansan-si, the plaintiff.

Reasons

1. Basic facts

A. The forest survey report on the Gyeonggi-gun C, which was prepared during the Japanese occupation occupation period, is indicated as E by the owner of land D (hereinafter “assessment land”).

However, the address of the owner is in blank.

B. On September 5, 2006, the Defendant completed the registration of ownership preservation as to the Suwon District Court No. 31164 in relation to the land of this case (hereinafter “instant land”).

다. 한편, 경기 안성군 F에 본적을 둔 G이 소화(昭和) 13년 2월 20일(1938. 2. 20.) 사망하였고 G의 장남 H의 장남인 I이 호주상속을 하였다.

On December 25, 1971, I died and succeeded to the property of I by his South-North Korean court, etc., and after his death, his children jointly succeeded to the property of J.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff asserted that the land of this case was divided from the land of this case, and original acquisition was made by G, the plaintiff's prior owner of this case, after which the defendant completed the registration of preservation of ownership. Since the registration of preservation of ownership in the defendant's name was found to be null and void, the presumption of registration was broken, and the defendant asserts that as a co-inheritors's act of preservation of jointly-owned property, the defendant is obligated to perform the procedure of cancellation registration.

As to this, the Defendant asserts that the land owner of this case cannot be seen as the Plaintiff’s preference because it cannot be recognized as identical to the land of this case, and that the land of this case is identical to E, which is the Plaintiff’s preference, and that the land of this case is N at the time of partitioning out the land of this case.

B. Determination 1: (a) whether the instant land was divided from the assessment land or not; (b) the written evidence Nos. 1, 2, 3, and 4; and (c) the images of the evidence Nos. 5, 6.

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