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1. The part demanding the closure of the registry among the instant lawsuits shall be dismissed.
2. The plaintiff's remaining claims.
Reasons
1. Basic facts
A. Each land cadastre as to B B B prior to the subdivision (hereinafter “B prior to subdivision”) and C’s site is indicated as the owner’s net F (hereinafter “the network”).
B. However, the B was divided into B before the division on December 30, 1987.
C. Meanwhile, with respect to the DB and E site, there exists a registry of which registration of preservation of ownership was completed on March 11, 1975 as the receipt of No. 4119 of this Court on March 11, 1975, and there is no number D and E, which is the lot number of each of the above lands.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1-1, Gap evidence 2-1, Gap evidence 6-1, 2-2, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The Plaintiff’s assertion (1) B and C were owned by the Deceased. Since the Deceased’s death on April 12, 1995, the agreement was reached on division of inherited property between the co-inheritors to the effect that the deceased’s sole ownership was made between the co-inheritors.
Therefore, since B and C are currently owned by the plaintiff, the defendant is obligated to confirm it.
(2) On the other hand, since the registry on the DB and E site is about the unregistered lot number, the defendant is obligated to close it.
B. (1) The closure of a part of the registration record seeking the closure of a registry may only be closed ex officio where a registrar finds a new registration record, including where he/she transfers the registered matters in the registration record to a new registration record, and where he/she finds a overlapping registration record concerning the same land (Article 20(1) and Article 20 of the Registration of Real Estate Act) (1) of the Registration of Real Estate Act (Closure of the registration record). (1) When a registrar transfers the registered matters in the registration record to a new registration record, he/she shall close the previous registration record.