(영문) 서울중앙지방법원 2015.05.28 2014가단255143

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(영문) 서울중앙지방법원 2015.05.28 2014가단255143

소유권보존등기말소

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1. The defendant shall make the plaintiff on March 30, 2007 with respect to the area of 1,488 square meters prior to Namyang-si, Namyang-si.

Reasons

1. Facts of recognition;

A. The Gyeonggi-do Yangju-gun Co., Ltd. (hereinafter “instant real estate”) stated that E residing in the Land Survey Division was under the circumstances of E, and also stated in the Gu forest register that E, the owner of the instant real estate, is the owner of the instant real estate.

B. On December 30, 197, the instant real estate was converted into the size of 1,488 square meters and registered as 1,488 square meters. The registration of preservation of ownership in the Defendant’s name was completed on March 30, 2007 by the Jung-gu District Court of the Republic of Korea and the Namyang-ju registry office of March 30, 2007.

C. On April 29, 1948, E, the permanent domicile of which was located in the F in Namyang-si, Gyeonggi-do, died, G, his/her South-North Family, inherited family inheritance and property inheritance, and G also died on May 8, 1979, and his/her spouse and children, I, J, K, L, M, Plaintiff (N prior to his/her name) inherited property.

The Gyeonggi-do Yangyang-gunO has changed the name to P in South-do, Namyang-si, Gyeonggi-do, and there was no person who has the same name as the plaintiff Eul in D.

[Ground of recognition] The statements in Gap evidence Nos. 1 through 8, the fact-finding reply to P at the time of Namyang-ju, and the purport of the whole pleadings

2. According to the above facts, E, the Plaintiff’s fleet, was assessed against the real estate of this case, and registration of preservation of ownership in the Defendant’s name on the real estate of this case is deemed to be registration of invalidation of cause by which presumption of ownership is broken.

In addition, one of co-inheritors can seek the cancellation of registration of preservation of ownership in the name of the defendant, which is null and void as an act of preservation of common property.

Therefore, the Defendant is obligated to perform the procedure for registration of cancellation of registration of preservation of ownership of the instant real estate to the Plaintiff.

3. Therefore, the plaintiff's claim of this case is accepted for reasons of the conclusion.

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