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(영문) 수원지방법원여주지원 2019.09.10 2019가단52916
소유권말소등기
Text

1. The defendant shall be the plaintiff.

(a) The Suwon District Court with respect to each real estate listed in the separate sheet Nos. 1 and 2;

Reasons

In fact, on March 10, 1914, each real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) was identified as “the instant real estate” and “the instant real estate” in common name.

On December 12, 1995, the Defendant completed the registration of preservation of ownership of the real estate Nos. 1 and 2 of the Suwon District Court by the receipt of the Yangyang District Court registry office under No. 23837, and completed the registration of preservation of ownership of the real estate No. 3 of the Suwon District Court under No. 17925 on July 30, 1996.

The plaintiff's reference is C, and C's reference is D.

And D's reference is E.

[Reasons for Recognition] In light of the following facts and circumstances, it is reasonable to see that Gap evidence Nos. 1-8 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1-8 (including branch numbers; hereinafter the same shall apply), evidence No. 1-2 and evidence No. 9-12 prior to the recognition of identity of the title holder of the circumstance, Gap evidence No. 9-12, and Eul, the plaintiff evidence No.2 and Eul, the title holder of each real estate of this case, are the same person.

① The circumstances of each real estate in the instant case between B and E, the Plaintiff’s increased father, are the same as not only in name but also in Chinese characters.

② According to the land survey register of each real estate of this case, B, the one of the circumstances, resided in the Frith of Gyeonggi-gu, and thereafter, the said Frith was changed to Grith of Gyeonggi-gu, upon the reorganization of administrative districts.

However, both the Plaintiff’s original domicile and the first transferred domicile (transfer on October 20, 1968), and the legal domicile of C, the Plaintiff’s original domicile, are located in the Gyeonggi-si Gri, and C was born at the Gyeonggi-si Gri on December 19, 1916.

If so, the plaintiff's prior election is highly likely to reside in the FGriri-gun of Gyeonggi-gu at the time of the situation of each real estate of this case.

(3) Upon receipt of the assessment of each of the instant real estate on March 10, 1914, E shall not exceed 40,000 square meters of H forest land in addition to each of the instant real estate on the same day.

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