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(영문) 서울중앙지방법원 2019.05.24 2018가단5188598
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The forest survey document prepared under the former Joseon Forest Survey Decree (Ordinance No. 5, May 1, 1918, repealed), stating “C” as the owner of the area of 9 square meters (the date of report or notification shall be 8 years (the date of February 10, 1919) and the address column shall be the official column.

B. As to the instant land, the Defendant completed the registration of initial ownership on August 26, 1986 by the Suwon District Court’s safe registry office, which received on August 26, 1986.

C. Meanwhile, the Plaintiff’s family registry D was killed on January 8, 1906 in G, which was the only grandchild of H, who was living as his wife on September 1, 1952, and died on January 8, 1906. While F did not have a child, G was the sole heir of D’s property, G died on February 10, 1950, and his wife died before G’s death. The Plaintiff, the only grandchild of H, who was the only grandchild of H, who was living as his wife at the time, succeeded to the family registry and property.

[Ground of recognition] Facts without dispute, Gap's 1 to 6, 16 evidence, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion on the instant land was based on the circumstances of D, which is the part of the Plaintiff’s expansion and support, and was succeeded to the Plaintiff in succession.

As such, the plaintiff is the owner of the land in this case, and the defendant's registration of preservation of ownership is null and void, and the defendant has a duty to cancel it.

B. According to the evidence as seen earlier, C’s address is vacant space in the forest survey report on the instant land. The date of the report or notice of the instant land is indicated as “the date of February 10, 1919,” and according to the guidelines for the preparation of the forest survey report, where the forest owner’s address and the forest land are identical, the address of C, the owner of the instant land, shall be omitted. As such, around February 10, 1919, the Gyeonggi-do G-do Si, where the forest owner’s address and the forest land are identical.

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