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(영문) 서울중앙지방법원 2016.12.02 2016나29509
소유권말소등기
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. In the land survey division drafted during the Japanese occupation period, C is indicated as being subject to assessment of approximately 1,473 square meters prior to Gwangju-gun around September 1911.

B. The land cadastre was drawn up on June 23, 1976 with respect to Gwangju-gun E, a part of the above land, and ① land category was written on the road, “area”, “78 square meters”, and ② divided on March 20, 1953, and entered -2 through -9 of the main number.

After that, on October 5, 197, the registration of the conversion of the above 78 square meters into the “258 square meters” was completed.

C. The Defendant completed each registration of preservation of ownership on March 14, 1996 with respect to the above E-road 258 square meters and G road 198 square meters, following the procedures for public announcement of unregistered real estate.

(E) The receipt of Suwon District Court Decision No. 10317, G: receipt of the same registry office, No. 10817, Nov. 28, 2006

(E) The “E road 456 square meters” (hereinafter “instant land”). D.

On the other hand, the plaintiff's first-born C died in around 1921, and He succeeded to the family, which was the son of H, but died in around 1943, and H succeeded to the family.

The above I died in around 194 and the co-inheritors are J, the plaintiff, and K, who are their children, and the above three persons are the plaintiff on March 12, 2015.

As the content of "an inheritance division consultation" was made.

【Ground of recognition】 The fact that there is no dispute, Gap's 1 through 5, 8, 9 (including virtual numbers), the purport of the whole pleadings

2. The parties' assertion;

A. The Plaintiff-friendly C, the Plaintiff’s assertion, acquired ownership by receiving the assessment of the instant land, and the Plaintiff inherited it, thereby becoming the owner of the instant land.

Nevertheless, the defendant, without any title, has a duty to cancel the registration of initial ownership of the land of this case since it completed the registration of initial ownership.

B. Official cadastral records, etc. as to the land of this case alleged by the Defendant were lost in the 625 column, and cadastral records, etc. were pointed out on March 20, 1953.

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