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(영문) 서울중앙지방법원 2017.06.15 2016나58675
소유권보존등기말소등 청구
Text

1. Revocation of the first instance judgment.

2. As to each real estate listed in the separate sheet to the Plaintiff.

Reasons

1. The reasons for this part of the facts of recognition are as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except for the deletion of 3, 3, 17, 21 and 4, 9 and 15, 3, 9 and 12, 3, 9, 9 and 12, 3, 9 and 12, 3, 9 and 12, 3, and 3, 3, 17, 21 and 4.

2. Determination on the cause of the claim

A. In full view of the following facts revealed in light of the Plaintiff’s identity recognition of Q and C and C’s identity, and the fact-finding results on the Director of the National Archives of this Court and the purport of the entire pleadings, it is reasonable to view that C, the circumstances of Q and D’s land (hereinafter “land before the instant partition”) are the same person.

(1) X은 Y의 약자(略字)로 사용되는바, 이 사건 분할 전 토지의 사정명의인 C과 원고의 조부인 Q은 그 성명이 일치한다

(B) According to the record of the preparation of the Land Survey Book, when the land location and the address of the owner are identical, the address column of the Land Survey Book was set as a disturbance. As such, C’s address, which is the land owner prior to the division of this case, was the column at the time of the preparation of the Land Survey Book, shall be deemed as B, which is the land location. This is consistent with the Plaintiff’s prior domicile of Q, the Plaintiff’s prior domicile.

(3) On the transcript of a certified transcript managed by the Suwon-si Office, the name “C” is one person having the name of “C” at which the permanent domicile of “H Dong-dong in Suwon-si,” and there is no evidence to deem that there was a person having the name of Dong, other than Q, who had the Plaintiff’s prior domicile in the Japanese occupation B Ri-dong in the Japanese occupation other than Q.

(4) The prop farmland confirmation schedule, including the land prior to the instant partition, shall be divided into the land of each individual, the applicant and the recipient, respectively, written by the I to the J of Sung-si, and I to the prop and the compensation ledger in the report and the compensation ledger.

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