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(영문) 서울중앙지방법원 2015.10.16 2014가단5300406
소유권말소등기
Text

1. The defendant shall accept, on September 8, 1987, the Suwon District Court with respect to the size of 403 square meters in Dongcheon-si, Gyeonggi-do.

Reasons

1. A person who was found to be the owner in 1912 at the Land Survey Book on Basic Fact-Findings (hereinafter “the instant site”) shall be C, but according to the Plaintiff’s transcript, the Plaintiff’s name on the increased portion of the site is D.

Therefore, the name of the person who was considered as the owner and the plaintiff's increased portion is different from each other.

(2) On the other hand, the Plaintiff’s assertion that the land in this case was owned by C as the owner in 1912 and acquired the ownership of the land in this case.

The plaintiff's multiple copies are as D, but the name of the evidence panel is written as C in the plaintiff's family register (Evidence A No. 4), so D and C are the same person.

Since then, the plaintiff et al. is sharing the property by inheritance.

The defendant completed registration of preservation of ownership on the site of this case.

Since this is a registration of invalidity of cause, the plaintiff is seeking the cancellation of registration of preservation of ownership as an act of preservation of common property.

3. Fact-finding;

A. According to the Plaintiff’s constructive certified copy, Australia was inherited in the order of D (D, Plaintiff’s increase and decrease), E (Plaintiff’s contribution), F (Plaintiff’s father), and G (Plaintiff’s punishment).

Plaintiff

According to the family's family's family's family's family's family's family's family's family's family's family's family's family's family's family's family's family's family's family's family's family's family's family's family's family's family's family's family's family's family's family's family's family's family's family'

B. The land survey book for the instant site is indicated in the Gyeonggi-do Leecheon-gun B large 122 square meters (403 square meters if converted into a square meter) as C’s ownership, and the address column is a blank column.

According to the regulations, etc. of the Joseon General and the Provisional Land Survey Bureau at the time, in preparing a land survey book, it can be seen that the address of the situation person was the same as the address of the land and the Ri/Ri, and therefore, the address of C seems to have been the above B.

C. A certified copy of the Plaintiff’s preemptive rights.

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