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(영문) 서울중앙지방법원 2016.05.20 2016가단675
소유권보존등기말소 등
Text

1. The defendant shall be the plaintiff.

A. As to the real estate in the attached list 1 and 2, Suwon District Court Branch of the Suwon District Court on October 1987.

Reasons

1. Facts of recognition;

A. The Land Survey Board for “F” is written in the Land Survey Board for “Yju-gun B” stating that the “F” located in “YY-gun E” of “Yju-gun C 6,873 and “YYYYYYYYYYYYYYYYE” was written in respective circumstances.

B. The above B. A before the division

Each land in each port was divided into 309 square meters in G maintenance (attached Form 1 real estate), H 4,820 square meters (attached Form 2 real estate), and 3,451 square meters in Sju-si (attached Form 3 real estate).

C. On October 29, 1987, the Defendant completed the registration of initial ownership relating to the real estate of this case 1 and 2 as stated in the order, and completed the registration of initial ownership on February 26, 1996 as stated in the order. D.

On December 25, 194, F died on December 25, 194, and succeeded to the property by the deceased non-party deceased on May 6, 1957 and succeeded to the property by the deceased non-party deceased on May 6, 1957, and K died on October 18, 2010 and jointly succeeded to the property by the deceased non-party 3/9 shares, the spouse of L, the plaintiff and the non-party Ma, and N in proportion to 2/9 shares, respectively.

[Grounds for Recognition: Entry of Evidence No. 1-1 to 16, the purport of the whole pleadings]

2. Determination

A. The presumption of registration of ownership preservation on the land to be determined as to the cause of the claim shall be broken if it is proved that there is another person to whom the land was assessed, and the registration shall be deemed null and void unless the registered titleholder specifically proves the acquisition by succession.

As long as it is found that the public health team and the Plaintiff’s first-class net F, were assessed on each land of this case, each registration of preservation of ownership in the Defendant’s name, which was completed with respect to each land listed in the separate sheet, shall be deemed null and void as the presumption of facts is broken. Thus, barring any special circumstance, the Defendant sought cancellation of registration of preservation of ownership as an act of preservation in the position of co-inheritors as to each land of this case, barring any special circumstance.

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