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(영문) 서울중앙지방법원 2014.12.04 2014가단137160
소유권보존등기말소등기
Text

1. The defendant is against the plaintiffs:

A. The Suwon District Court shall set forth the annexed list 1 and 3 real estate in the annexed list in two parallel registry offices of the Suwon District Court.

Reasons

1. Basic facts

A. The Land Survey Division concerning the Gyeonggi-si C Cemetery 270 square meters (hereinafter “land before division”) is indicated as E with the address in D as the owner.

B. Around September 9, 1970, the land before subdivision was divided into the F Cemetery 222 square meters and G road 48 square meters (159 square meters); F land was divided into the F Cemetery 127 square meters (421 square meters) and H cemetery 95 square meters (313 square meters) around June 7, 2006.

(hereinafter referred to as "each land") shall be specified as a parcel number, and when referring collectively, referring to each land of this case.

The registration of preservation of ownership in the name of the defendant was completed on each land of this case.

The plaintiffs, the fleet of the plaintiffs, had their permanent domicile in Gyeonggi-gu I, died on October 16, 1948, and on August 10, 1958, E deceased on the deceased on August 10, 1958, and the plaintiffs were their successors due to the death of K as its children on February 16, 2013.

E. The Yangyang-gun L originally called N orO as the central area of Yangyang-gun M. In 1747, the Yangyang-gun L was transferred and P in 1747, and was called P, Q, and R, and was called S by Yang Jong-gun in 1908.

After that, according to administrative district closure measures in 1914, T, U, D, and V were incorporated into W.

[Reasons for Recognition] Each entry of Gap's evidence Nos. 1 through 14, the purport of the whole pleadings

2. Determination:

A. According to the above basic facts, E, registered as the owner in the Land Survey Book, barring any special circumstance, has acquired the original land before subdivision, and thus, the presumption of registration of preservation of ownership of each of the instant land in the name of the defendant was broken.

B. Meanwhile, as seen earlier, E, a name of the assessment of the land before the division, and E, a name of the plaintiffs, are identical to one another, and Yangyang-gun L is partially combined with T, U, D, and V.

In light of these circumstances, it is appropriate to deem that E and E, the plaintiffs of the land prior to the division, who are the circumstantial names of the land before the division, are the same persons.

C. Accordingly, the defendant.

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