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(영문) 서울중앙지방법원 2016.01.14 2014가합565175
소유권보존등기말소등기절차이행청구 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 18, 1911, F registered the previous land in the Land Survey Division relating to Nos. 398 and E Jeon 1,054 (hereinafter “the previous land”) before Gyeonggi-gun D, Suwon-gun (hereinafter “instant previous land”).

B. As to each of the above land, the registration of ownership preservation in the name of the defendant was completed on August 26, 1964 by the Suwon District Court, the Dongwon District Court, the Dongwon Registry, No. 17544.

C. After that, the aforementioned D land (hereinafter “instant land”) was merged into the land B in Suwon-si, Suwon-si.

② The above land was divided into Suwon-si G and H, and the above land of the G (hereinafter “instant land”) was combined with the land of Suwon-si, Suwon-si.

③ On June 9, 1978, the instant H land (hereinafter “instant three land”) was replaced by land I in Suwon-si, Suwon-si, and was combined with C land.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, 10, and 11, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is the land under the circumstances of F, who is the father’s increased portion of the land, and the Defendant completed the registration of preservation of ownership without any authority. This is the registration of invalidity of cause.

However, among the previous lands, the land of this case 1, 2 was finally combined with the land in Suwon-si, Suwon-si. Since its location is part (c) and (b) as stated in the purport of the claim, the defendant's above registration of ownership preservation is sought for cancellation of the previous land. Since the land of this case among the previous land cannot be identified as the land was substituted, the land of this case cannot be specified as the land of this case. Thus, the registration of ownership transfer for the recovery of the real name is sought with respect to the share of 496/19,166 square meters in Suwon-si, Suwon-si, Suwon-si, which is a substitute land.

B. The Defendant’s assertion that the land of this case 1, 2, and 3 was first used as a site for the airfield by the Air ForceJ from November 28, 1954 to the intention of owning the land of this case for at least 20 years.

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