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(영문) 춘천지방법원원주지원 2016.10.06 2016가단31243
소유권말소등기
Text

1. The defendant, on May 30, 1996, filed with the plaintiff A about the 456 square meters wide from the Gangwon-gun C, the Chuncheon District Court of Gyeongcheon-gun, the Crossing registry office.

Reasons

1. Basic facts

A. On May 30, 1996, the Defendant completed the registration of preservation of ownership (hereinafter “registration of preservation of ownership”) by the Chuncheon District Court No. 6185 on May 30, 1996, with respect to the 456 square meters (hereinafter “instant land”).

B. The owner’s column for land cadastre of the instant land is indicated as “D” as the owner.

On the other hand, the computerized land cadastre contains the fact that the defendant was registered as the owner on January 15, 1996 and the fact that the ownership was preserved as above on May 30, 1996.

[Ground of recognition] Unsatisfy, Gap evidence 1 and 2

2. Judgment as to the main claim

A. On the other hand, the Defendant asserts that the instant land does not belong to the Plaintiff, but does not need to cancel the registration of initial ownership, and that registration of initial ownership of the instant land was completed without permission. On the other hand, the Defendant asserts that the instant land does not belong to the Plaintiff, and that the registration of initial ownership of the instant land does not need to be cancelled. In full view of the entries in evidence Nos. 2 through 4, 7, 10, 12, 15, and 16, and the overall purport of the pleadings, the following circumstances may be known. ① The former land cadastre of the instant land is indicated as the owner, “E in D”. On October 20, 1968, Plaintiff A used the Plaintiff’s farmland and the adjoining land Nos. 47, the former land area of which exceeds KRW 27,57,00,000, the former land area of KRW 47,57,000,000. The Plaintiff’s name was “E.”

section 2.2.

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