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(영문) 서울중앙지방법원 2017.08.08 2015가단5305712
소유권말소등기
Text

1. The defendant shall state on the plaintiff each land listed in the separate sheet No. 1 as shown in the separate sheet No. 2.

Reasons

1. Facts of recognition;

A. On April 1, 1914, the land investigation division prepared by the shipbuilding General Doctrine under the Joseon Land Investigation Order enforced during the Japanese Occupation Period, stated that C (C and the address column are public pages) was affected by the circumstances of approximately 1,854 square meters (hereinafter “instant land before the instant partition”).

B. The land prior to the instant partition became each land indicated in the separate sheet No. 1 (hereinafter “each of the instant lands”) following the division of land, conversion into unit area, etc., and the Defendant completed each of the instant lands as indicated in the separate sheet No. 2, as to each of the instant lands (hereinafter “each of the instant preservation registrations”).

C. On the other hand, the plaintiffs' inheritance division D had resided in the above E with their permanent domicile on April 26, 1948 and died on April 26, 194, and F, its funeral and property inheritance. The F died on August 10, 1975 and jointly succeeded to the heir, including his funeral G. The above G died on October 31, 1993, and the plaintiff et al., his children jointly succeeded to his property.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 3, and 4 (including each number), fact inquiry results of the H surface of this court, the purport of the whole pleadings

2. Determination on the cause of the claim

A. In full view of the circumstances of the land before the division and the Plaintiff’s fleet D, whether the title holder and the Plaintiff’s fleet D are the same person, the assessment titleholder of the land before the division and the Plaintiff’s increased portion D are identical to one another, and their place of residence coincide with I, and there are no special circumstances to deem that the Plaintiffs’ increased portion and the Plaintiff’s increased portion were residing by the same other persons at the time of the instant land situation in I, it is reasonable to view that the circumstance of the land before the division and the Plaintiff’s increased portion D as the same person.

(b) A person registered in the land investigation register where the duty of cancellation of registration of ownership preservation has occurred shall not be subject to counter-proof, such as that the content has been changed by adjudication.

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