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(영문) 수원지방법원 2017.05.17 2016가단553481
소유권보존등기말소등기등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. According to the Land Survey Book drawn up during the Japanese occupation point period, it is written that the NetworkF received the circumstances on May 14, 191 (Saz. 44 years) with respect to Suwon-gun E Miscellaneous land Nos. 1,158.

B. The answer Nos. 1,075 was divided from Suwon-gun E 1,158 and the administrative district and land category changed. G completed registration of initial ownership in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of General Farmland (Act No. 1657, Jan. 2, 1965) on March 27, 1965.

C. The answer Nos. 1,075 was divided into D 239 square meters and H on July 8, 1966, and the answer Nos. 239 square meters became 790 square meters in Sungsung-si D (hereinafter “instant land”). D 239 square meters following the conversion of the area and the change of administrative district.

The ownership of the instant land was transferred from G to I and J, and the Defendants currently share one-half shares.

E. On October 30, 1956, the deceased on the part of the deceased on the part of the deceased on the part of the deceased on his own, the deceased on the part of the deceased on the part of the deceased on August 30, 195, and the deceased on August 4, 1961, the deceased on the part of the deceased on the part of the plaintiff, M, N, andO shared inheritance shares of the deceased on April 25, 1996 by the plaintiff, M, N, andO.

Accordingly, the plaintiff, M, N, andO agreed on the division of ownership by the plaintiff on the premise that the land of this case is included in the inherited property.

[Reasons for Recognition] The facts without dispute, Gap evidence 1 to 5, Eul evidence 1 (including, if any, various numbers) and the purport of the whole pleadings

2. Determination

A. The registration of preservation of ownership in the name of G, which was completed with respect to the Plaintiff’s assertion on the instant land, is the registration of invalidation of the cause of completion without any title. Since the registration of ownership transfer in the name of I, J, and the Defendants is also invalid, the Defendants are the descendants of the deceasedF, and the instant land is solely inherited.

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