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(영문) 서울중앙지방법원 2017.11.17 2017가단5044684
소유권말소등기
Text

1. The defendant shall receive on May 1, 1980 from the plaintiff the Macheon-si District Court Macheon-si District Court 608 square meters with respect to the plaintiff.

Reasons

1. Basic facts

A. The land survey division drafted during the Japanese occupation period is written by E residing in D on May 1, 1914 (Seoul 3 years), with respect to Macheon-gun C previously 2,567 (hereinafter “assessment land”).

B. On November 20, 1964, the assessment land was divided into 1,987 square meters, G, 396 square meters prior to G, and B, 184 square meters prior to Sincheon-si, and 2,393 square meters prior to Sincheon-si, G, 1,263 square meters prior to G, and B, 608 square meters, 3,893 square meters prior to H, 283 square meters prior to I, and 46 square meters prior to J.

C. On May 1, 1989, the Defendant completed the registration of preservation of ownership (hereinafter “registration of preservation of ownership”) with respect to B/ 680 square meters in the above land (hereinafter “instant land”). D. The Defendant completed the registration of preservation of ownership (hereinafter “registration of preservation of ownership”).

The plaintiff's fleet K died on May 6, 1954 and succeeded to his/her property by the head of the family, the deceased on May 26, 1979, and M has jointly succeeded to his/her property by N, A, A, A, A, A, A, A, Q, A, A, Q, and R, who died on May 26, 1979.

[Reasons for Recognition] Each entry of Gap's evidence Nos. 1 through 7, the purpose of the whole pleading

2. The assertion and judgment

A. The plaintiff asserted that the land of this case was first acquired under the circumstances of K, which is the plaintiff's fleet, and thereafter, after M was solely inherited but died, M was jointly inherited by M, and thus, M's heir's registration of preservation of this case in the name of the defendant was broken out. Thus, the defendant is obligated to cancel the registration of preservation of this case for the purpose of preserving common property by himself.

In this regard, the defendant can not be readily concluded that E and the plaintiff's fleet are the same as the situation name of the land in this case, and the situation land and the real identity of the land in this case cannot be recognized.

(b) Any person registered as an owner in the Land Survey Book shall be subject to no counter-proof evidence, such as the change in the content of the ruling.

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