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(영문) 서울중앙지방법원 2020.09.17 2019가단5280347
소유권말소등기
Text

The defendant received on October 2, 1974 from the Jung-gu District Court of Pakistan with respect to the land size of 519 square meters for the plaintiffs.

Reasons

1. Basic facts

A. On October 1, 1913, G, the Plaintiffs’ prior to the Gyeonggi-gun E (hereinafter “instant assessment land 1”) and F 3,422 (hereinafter “instant assessment land 2”) were under the circumstances of G, the fleet of the Republic of Korea.

On May 24, 1963, the instant assessment land was divided into H (316 square meters), C (519 square meters), C (5 square meters), J (185 square meters), K (1,075 square meters), and L (1,402 square meters) on December 30, 1962. On December 30, 1962, the instant assessment land was divided into D (1,319 square meters), M (1,524 square meters), M (2,628 square meters), P (3,640 square meters, and Q (2,089 square meters).

B. However, among the land divided into the instant assessment land 1, the registration of preservation of ownership was made with respect to the Category C, 519 square meters (hereinafter “instant land”) and Category D, 1,319 square meters among the divided land under the instant assessment land 2, as described in the Defendant’s future purport.

C. On April 13, 1941, G: (a) R, who died on April 13, 1941 and succeeded to the property of Australia and its foreign children; (b) R was to act without family heir on August 15, 1950; (c) as the third degree of R, S and T succeeded to the property; (d) on July 28, 1964, S died and succeeded to the property of U,V, W, and X; (c) on the death of U on September 1, 2013, U succeeded to the property of the Plaintiff, its wife, and Y/Z, its children; (d) on August 24, 193, A AA died and succeeded to it by a child of the Plaintiff and its children; and (e) on the death of Australia, AA, its subsequent children, AA and B inherited the property of the Plaintiff and B on August 21, 192.

[Reasons for Recognition] Each entry of Gap evidence 1 to 7 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The land Nos. 1 and 2 of this case, based on the judgment as to the cause of the claim, was first acquired under the circumstances of G, which is the Plaintiff’s prior owner, and as long as the circumstance is otherwise revealed, registration of preservation of ownership in the name of the Defendant as to each of the above lands shall be deemed null and void registration. Thus, the Defendant is the act of preservation as to the jointly owned property

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