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(영문) 서울중앙지방법원 2017.06.16 2016가단154046
소유권보존등기말소
Text

1. The defendant shall receive on June 30, 1997 from the plaintiff the Government District Court of Dongcheon-si with respect to the size of 645 square meters of Dongcheon-si B grave.

Reasons

1. Facts of recognition;

A. According to the Land Survey Book of the Japanese Occupation Period, C is indicated as having received the assessment on December 15, 191, three years (3 years 1914) in Macheon-si B grave size (195 square meters in size at the time; hereinafter “instant land”). The address of the person under the name of the said circumstance is public peace.

B. The Plaintiff’s prior owner “C” (A and the Plaintiff’s prior owner are somewhat unclear, but they seem to be D) has a permanent domicile in Scheon-gun E in Gyeonggi-do.

C. The Plaintiff’s fleet C died on July 11, 1966. He died of the Republic of Korea FF, Southern G, and Samnam H in preference to C, and died of his unmarried status and became co-inheritors. On June 8, 1975, I died on the death of her wife, sonJ, and both Korea and K were co-inheritors. On October 23, 1984, K died of her wife and children, Ma, N,O, and the Plaintiff became co-inheritors.

The defendant completed the registration of ownership preservation on the land of this case by Law No. 21187, which was received on June 30, 1997.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including paper numbers; hereinafter the same shall apply)

2. Upon examining the Plaintiff’s assertion, C is the same as C, the Plaintiff’s fleet, and if it is found that there is a separate person in charge of land assessment, registration of preservation of ownership in the Defendant’s name on the instant land should be cancelled due to the lack of presumption of registration of preservation of ownership.

As one of the co-inheritors with respect to the instant land, the Plaintiff is seeking the cancellation of registration of preservation of ownership in the name of the Defendant by the act of preservation of the jointly owned property.

3. Determination

A. In full view of the following circumstances as a whole, the evidence mentioned above and the fact-finding with respect to PMyeon of this Court in Macheon-si, the following circumstances, which can be acknowledged by comprehensively considering the entire purport of the pleadings, C and the Plaintiff’s preference C, to whom the instant land was assessed, shall be deemed the same person.

(1) An assessment titleholder and the Plaintiff’s preference C shall be his/her name and Chinese characters.

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