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(영문) 서울중앙지방법원 2017.08.29 2016나73889
소유권이전등기
Text

1. Revocation of a judgment of the first instance;

2. The defendant shall list the plaintiffs' share in attached Form 3 among the real estate listed in attached Table 1 list.

Reasons

1. Basic facts

A. Land assessment 1) The Gyeonggi-si AC large of 894 square meters and AD large of 61 square meters (hereinafter referred to as Gyeonggi-gu AE large of 2,95 square meters and AD large of 202 square meters, following the procedures of change of administrative district and conversion of area, etc. after the date of the Japanese colonial era.

hereinafter referred to as “instant land”).

) The Land Survey Division related to the AF (AG), AH (AI means AK, AL, etc. and drinking is to be seen as AF and AG. H.) and P jointly entered into the fact that P was under the assessment of the instant land (hereinafter the aboveO and P are referred to as the “instant assessment title”).

2) As to the land of this case, O and P are registered as joint owners in the old land cadastre.

B. The Defendant completed the registration of ownership preservation as to the land of this case by the Suwon District Court No. 23837, Dec. 12, 1995, which received on December 12, 1995.

(c) Inheritance-related AJ’s 18-year-old Q is the line of Plaintiff 1 through Plaintiff 8, and R, who is the 17-year-old grandchildren, is the line of Plaintiff 9 through 17, and the succession relationship is listed in the inheritance share table (the details of inheritance) and the ownership share table;

(hereinafter above Q and R (hereinafter referred to as "the plaintiff's preference"). [Grounds for recognition] The entry in Gap, 2, 3, 5, 6 through 14, 16, 21 evidence (including paper numbers), and the purport of the whole pleadings

2. The parties' assertion

A.O and P, the assessment title of the plaintiffs' assertion on the land of this case, are the same as Q, R and the same person. The defendant completed the registration of ownership preservation on the land of this case without any legal ground. The defendant is obligated to implement the registration procedure for ownership transfer on the ground of the restoration of real name.

B. The Defendant’s assertion of Q and R is not the same person as the name of the instant situation.

3. A person who is registered in a land survey division for the cause of a claim as a landowner shall be deemed to have been assessed as a landowner and the cause thereof becomes definite unless there exists any counter-proof of the change in the contents of the situation by the adjudication.

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