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(영문) 의정부지방법원 2017.01.17 2016가단102344
소유권말소등기
Text

1. The defendant on March 1, 1965, with respect to the plaintiff with respect to the 7250 square meters of Gyeonggi-gun C Miscellaneous land in Gyeonggi-do.

Reasons

1. Facts of recognition;

A. Each land survey division for the Gyeonggi-do Gyeonggi-gun D, which was established under the former Land Survey Ordinance, is written as follows: (a) on May 1, 1913, 1913, the network F, which had an address in E, was under the circumstances of the 2,626 E (hereinafter “instant land”).

B. On March 16, 1965, the Defendant completed the registration of ownership preservation (hereinafter “registration of ownership preservation”) as the receipt No. 1556 of Mar. 16, 1965 with respect to the instant land by the Jung-gu District Court’s annual District Court Registry No. 1556.

C. The above F died on February 15, 1940, and G succeeded solely to it.

Since then, G died on December 30, 1996, and as wife H and children I, J, Plaintiff, and K were co-inheritors of G (hereinafter “Plaintiff, etc.”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4-3, inquiry of the L/C of this court's L/C of fact, the whole purport of pleading

2. The assertion and judgment

A. The plaintiff's assertion 1) The plaintiff's assertion F had been assessed against F as the fleet of the plaintiff et al., and therefore, the registration of preservation of ownership in the name of the defendant that completed the land of this case is invalid. The plaintiff, one of F's co-inheritors, sought implementation of the procedure for the registration of cancellation of the registration of preservation of ownership in this case as the defendant's claim) as the defendant's purchase of the land of this case from F around 1930, M continuously cultivated agricultural products in this case except when M is under the Korean War from F, while M purchased the land of this case from F, and then cultivated agricultural products in this case. Since the defendant occupied the land of this case with peace and public performance from October 29, 1965 to 50 years from the date of discharge of military service, the acquisition by prescription and the acquisition by prescription of ownership of the land of this case was completed.

Therefore, the registration of ownership preservation of this case is valid in accordance with the substantive relationship.

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