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(영문) 수원지방법원성남지원 2012.06.13 2010가단45585
소유보존등기말소 등
Text

1. The defendant Republic of Korea shall receive on September 18, 1996 from the plaintiff Gwangju metropolitan registry office with respect to the land size of 502 square meters in Gwangju metropolitan city.

Reasons

1. Facts of premise;

A. According to the land survey division and the forest survey report of the land survey station in the Joseon General Land Survey Bureau and the Provisional Land Survey Bureau in Gwangju-si (hereinafter “instant land”), with respect to the land of 502 square meters (hereinafter “instant land”), 44 years (191), with respect to the land of this case, August 7, 191, and 6843 square meters (hereinafter “instant forest”) with respect to U forest land, 8 years (199) with respect to the instant forest land (hereinafter “instant forest

8. In July 1, 1950, W was registered as being subject to the circumstances of W. On the other hand, W, the Plaintiff’s decedent, died on March 28, 1938, Nonparty Y, the family heir, succeeded to the deceased solely, and Nonparty Y died on June 28, 1950, the Plaintiff, the head of which was the deceased, was the sole heir of the deceased.

B. As to the land of this case, the Defendant Republic of Korea completed the registration of preservation of ownership on September 18, 1996 by the receipt of the Gwangju District Registry No. 43789, and with respect to the forest of this case, the non-party Z completed the registration of preservation of ownership on February 29, 1968 by the receipt of this Court Gwangju District Registry No. 2443, which was received on February 29, 1968. As the Z died, the remaining Defendants inherited the deceased, and completed the registration of ownership transfer by inheritance shares

[Identification Evidence] Facts without dispute, Gap 1 through 7 evidence, and the result of fact inquiry by this court, the purport of the whole pleadings

2. As to the Plaintiff’s assertion of each of the instant real estate, the land where the deceased deceased W, who is the deceased’s decedent, was affected by the presumption of each ownership preservation under the above name of the defendant Republic of Korea and Z, who is not the name of the circumstance, was broken. Therefore, each of the above registrations of ownership preservation is null and void, and each share transfer registration made by the remaining Defendants with respect to the instant forest land also becomes null and void as the registration of ownership preservation was based on the invalid ownership preservation. Thus, the Defendants should implement the registration procedure of cancellation

3. First of all, the identity of W, who is the title of assessment, is examined, according to each of the above evidence and the purport of the testimony and the entire pleadings by the witness AA, the land survey division and the forest survey report have the domicile of W, who is the title of assessment.

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