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(영문) 서울중앙지방법원 2016.01.27 2015가단5207597
소유권보존등기말소 청구의 소
Text

1. The defendant on February 29, 1996, concerning each real estate listed in the separate sheet to the plaintiff.

Reasons

1. Facts of recognition;

A. According to the Land Survey Division of the Gyeonggi-do Leecheon-gun, which was prepared by the shipbuilding General Government and the Provisional Land Survey Division of the Republic of Korea, it is stated that C was assessed by the Gyeonggi-do Leecheon-gun in 1912 at 350 square meters (hereinafter “the land before the instant subdivision”).

B. In addition, according to the Forest Survey report on E in the Gyeonggi-do Leecheon-gun under the Joseon Forest Survey Ordinance, C residing in the Gyeonggi-do "Ycheon-gun B" is written as the owner of information on the forest land in the Gyeonggi-do Leecheon-gun B (hereinafter "the forest land before the division of this case").

C. The land prior to the instant subdivision was thereafter the same as D 1,157 square meters (the same as the land listed in the attached Table 1; hereinafter referred to as “instant land”). D. The land prior to the instant subdivision was subsequent to the change of land category, the change of the name of the administrative district, the conversion of the area, etc.

In addition, through the division, the registration of conversion into the area, and the change of the name of the administrative district, etc., in the forest before the division of this case, the land was divided into 1,478 square meters (the same as the land listed in the attached Table 2; hereinafter referred to as “the land of this case”) prior to the division of this case into the land before the division of this case and the

E. As to the instant land, the Defendant completed the registration of ownership preservation as to the Suwon District Court’s Leecheon District Court’s Leecheon District Court’s registry office on February 29, 1996, No. 3339.

F. On June 3, 1920, the Plaintiff’s father, died on June 3, 1920, H inherited the property solely by inheritance, and H died on July 25, 196, and co-inheritors, including the Plaintiff, a child, jointly inherited the property.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 13 evidence (including additional number), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that registration of preservation of ownership in the name of the defendant as to the land of this case should be cancelled as registration of invalidation, since the plaintiff's land investigation division C and forest investigation report were the same person as C and the land of this case were acquired in original condition.

The defendant is also the plaintiff's assistance.

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