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(영문) 서울중앙지방법원 2016.12.22 2015가단5316125
소유권말소등기
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On May 5, 1911, G residing in Fricheon-gun E-gun of Gyeonggi-do (i.e., 4050 square meters, hereinafter “the forest before division”) was under the circumstances of G residing in Fri-ri on 1911.

B. On October 28, 1969, the forest land before its division shall be attached to the annexed sheet

1. It was divided into 11802 square meters prior to H, a real estate recorded in the real estate list (hereinafter “instant one real estate”) and 496 square meters prior to I, and 1,041 square meters prior to J, and 496 square meters prior to I on the same day.

1. K, which is 2 real estate recorded in the real estate list, is 496 square meters (hereinafter “instant 2 real estate”), and the 1,041 square meters prior to J were each registered conversion into 1,041 square meters (hereinafter “instant 3 real estate”), three real estate recorded in the same list.

C. The Defendant completed the registration of initial ownership on the real estate of this case as the registration office of the Jung-gu District Court of the Republic of Korea on February 5, 1999 and as the registration office of 1565 on February 5, 199, and as to the real estate of this case 2 and 3, the registration of initial ownership was completed on June 22, 1996.

[Ground of recognition] Unsatisfy, each entry of Gap 1 through 10 evidence (including paper numbers), and the purport of the whole pleadings

2. The parties' assertion

A. The forest land before the plaintiffs' assertion was divided is land under the circumstances of G, the group of the plaintiffs, and the plaintiffs and the non-party P jointly inherited the land through N, the mother of N, N, N, the south of G and M.

Since each registration of preservation of ownership completed by the defendant is invalid, the defendant is obligated to implement the procedure for registration of cancellation in accordance with the respective inheritance shares.

B. Although G residing in the Gyeonggi-do “Fricheon-gun, Gyeonggi-do” in which the Defendant’s assertion was considered before the division, and the Plaintiff’s fleet G was the same, there is no evidence to deem that the same person is the same.

3. According to the judgment evidence No. 12, evidence No. 13-1, evidence No. 2, evidence No. 1, evidence No. 21-1, and evidence No. 22-1 through No. 3, and the fact-finding results and the overall purport of the pleadings in Q Eup, Gyeonggi-do, Q Eup, Q Eup, from Q Eup in 1979 to Q Eup.

A.6.25 War is an area where a certified copy of the expulsion has been destroyed, and on November 27, 1934, the legal domicile of which was the legal domicile of the deceased.

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