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(영문) 서울중앙지방법원 2017.07.06 2015가단5053813
소유권보존등기말소
Text

1. All of the plaintiffs' primary and conjunctive claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The land survey division prepared during the Japanese occupation period stated that P, an address of "Odong," was assessed against the Gyeonggi-gun Q Q 190 P (hereinafter "the instant assessment land"), and the registration of preservation of ownership in the name of the defendant was completed on April 15, 196 by the Songdong District Court of Seoul, Dong-dong District Court No. 6992 on the land of this case.

B. The attached survey is part of the land of this case in order to connect each point of 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 49, and 30 indicated on the attached survey map (hereinafter “instant land”) was part of the land of this case from the beginning of the Republic of Korea. At present, it is currently being used as the outer circular Highway of Seoul.

On the other hand, the assessment land of this case was changed to 1043 square meters on the real estate register, which was changed to Ra, S, T, and U land in the past for several years through the process of change of administrative district, merger with and subdivision into the neighboring R, S, T and U land.

(B) If the Plaintiff specified the registration of initial ownership in the name of the Defendant on the instant land, for which the Plaintiff seeks the implementation of the registration procedure for cancellation by the instant lawsuit, as stated in the current registry, there is no influence in determining whether the Plaintiffs have the right to claim cancellation thereof, and thus, the registration of initial ownership in the name of the Defendant stated in the current registry (hereinafter “instant registration of initial ownership”).

The plaintiffs' prior-party V had a permanent domicile in Gyeonggi-do, but there was no person using the same name and Chinese characters as the plaintiffs' prior-party V from 1848 to 1924. D.

Since June 3, 1924, V, the plaintiffs, died on June 3, 1924, X, the senior grandchild of V, was solely inherited V as Australia inheritor.

X died on October 11, 1973 and jointly succeeded X, the spouse, Y, AA, AA, A, B, and C, the spouse.

On March 30, 1983, the Z jointly succeeded to the plaintiff D, the child, the plaintiff E, F, G, H, and I who is the spouse.

AA shall be on May 2009.

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