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(영문) 서울중앙지방법원 2019.01.15 2018나23307
소유권말소등기
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. In the first instance court, the Plaintiff requested the cancellation of each registration of ownership preservation, which completed on the land specified in the attached list Nos. 1 through 4 against the Defendant, and the registration of ownership transfer and the cancellation of registration of ownership preservation, which completed on the land specified in the attached list No. 5 against Gangwon-do. The court of first instance dismissed all the Plaintiff’s claim.

Therefore, the plaintiff appealed in full and thereafter, the part concerning the land specified in paragraph (2) of the attached Table among the appeal filed against the defendant in this court, and the part concerning the land specified in paragraph (5) of the attached Table against the co-defendant of the first instance court, i.e., the appeal against the defendant in the first instance court, and the part concerning the claim for cancellation of each registration of preservation of ownership, which was completed on the land specified in paragraphs 1,

(hereinafter referred to as “land” in the attached list . 2. According to the Land Survey Division drawn up during the Japanese Occupation Period of Basic Facts, the F residing in Gyeonggi-gun E-dong in Gyeonggi-do was under circumstances as to Jinwon-gun G GJ 9, Gangwon-gun 1,733.

(hereinafter) On July 5, 1948, R and S were divided into 402 square meters from S on December 22, 198, after R and S were divided into “from July 5, 1948,” and on May 8, 1992, 53 square meters in U-type land was divided into 3 and 4.

Since then, the above G became the land of Paragraph 1 due to the change of administrative district, cadastral change, etc., and the defendant completed the registration of preservation of ownership as to the above land by Law No. 6019, May 27, 1996.

The defendant completed the registration of the original state branch of the Chuncheon District Court on the land of 3 and 4 and the registration of the preservation of ownership on October 11, 1990 by the receipt No. 34786.

On the other hand, the plaintiff's father V died on January 20, 1951 and died in the same year.

2. 15. The death of the former 15. The plaintiff succeeded to the family head and property on behalf of the plaintiff.

[Reasons for Recognition] There is no dispute;

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