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(영문) 서울중앙지방법원 2015.07.08 2015나7984
소유권보존등기말소
Text

1. Revocation of a judgment of the first instance;

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

1. The first instance court, the first instance court, the first instance court, and the first instance court, against the Defendant, requested the Defendant to cancel the registration of preservation of ownership, which was made in the name of the Defendant with respect to each of the instant land. The first instance court dismissed the lawsuit of the first instance court, and accepted the claim of the Plaintiff (preliminary).

Since only the defendant appealed, the scope of this Court's trial is limited to the claims of the plaintiffs.

2. Basic facts

A. J, N, K, L, and M (hereinafter “the instant situation names”) were assessed against Suwon-gun G G during the Japanese colonial rule period of 261.

B. Suwon-gun G 261 square meters was changed in sequence by the name of the administrative district, and the name of the administrative district was changed to 261 square meters in Gyeonggi-gun G-gun G-si G-si G-si on May 31, 197. On March 21, 2001, the name of the administrative district was changed to 863 square meters in Sung-si G-si G-si G-si (hereinafter “the land before the division of this case”).

C. On April 9, 2003, the Defendant issued a public notice of non-real estate on the land before the instant partition in the Official Gazette, and completed the registration of preservation of ownership in the name of the Defendant under the title of Suwon District Court No. 46045, Apr. 11, 2005, as the receipt of the 46045, respectively.

After that, on November 2007, the land prior to the instant partition was divided into G, G, 554 square meters, H, 3 square meters, and 306 square meters in I, 306 square meters (hereinafter referred to as “instant land”).

E. Plaintiff B is the above N, Plaintiff C, Plaintiff D’s above L, Plaintiff E, Plaintiff M, and Plaintiff F’s final heir of the above J.

[Ground of recognition] Facts without dispute, Gap's entries in Gap's evidence 1 through 11, 14 through 16, 23, 27 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

3. Determination as to the cause of action

A. The plaintiffs' assertion of this case had originally acquired the land of this case, and the plaintiffs were the final successors of the title holders of this case, and the defendant's registration of preservation of ownership as to the land of this case without any reason.

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