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(영문) 의정부지방법원고양지원 2020.01.08 2019가단84
소유권보존등기말소 등
Text

1. The part concerning the claim for confirmation of ownership among the instant lawsuit is dismissed.

2. The defendant shall be not less than 340 square meters prior to the time he sells to the plaintiff.

Reasons

1. The land survey report prepared in the Japanese occupation period of the facts of the foundation shall state that “D” with the domicile in Pakistan was under the assessment of the entire 89 square meters (340 square meters prior to the present Pakistan-si; hereinafter “instant land”) in Pakistan-gun E.

On October 5, 193, “F”, the Plaintiff’s father, died on October 5, 193, and solely succeeded to the property, G died on January 8, 1995, and H, the spouse of H died on February 10, 2012, and his children including the Plaintiff (hereinafter “the co-inheritors of this case”) jointly succeeded to the property, such as the Plaintiff’s written list of statutory inheritance shares.

On the other hand, the Defendant completed the registration of preservation of ownership (hereinafter “registration of preservation of ownership”) on the land of this case as No. 482, which was received on February 22, 1962 by the High Government District Court, Goyang Branch Branch Office of the High Government District Court, following the procedure for the public announcement of unregistered real estate.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 14 evidence (including branch numbers in case of additional number) and purport of the whole pleadings

2. The plaintiff asserted that the owner of the land of this case is co-inheritors of this case, including the plaintiff, who is the successor of the title holder of the assessment, and thus, sought cancellation of the registration of preservation of ownership in the name of the defendant, and sought confirmation that the land of this case is co-inheritors of this case.

3. If the Plaintiff asserts as co-owner of the land of this case ex officio determination on the legitimacy of the part claiming ownership verification, receives a judgment ordering the registration of ownership preservation, which became final and conclusive against the Defendant, the registered titleholder of the land of this case, or the registration of ownership transfer based on the restoration of the real name, the registration of ownership in the Plaintiff’s name can immediately be completed

Therefore, the plaintiff has no interest in seeking confirmation of ownership equivalent to the inheritance shares, as well as seeking cancellation of registration of preservation of ownership of this case against the defendant, so the lawsuit of this case is of this case.

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