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(영문) 서울중앙지방법원 2016.05.19 2015가단5135142
소유권말소등기
Text

1. The defendant is against the plaintiffs:

(a) The Suwon District Court shall assist Suwon District Court with respect to the land listed in Schedule 1 and 2 attached hereto;

Reasons

1. Basic facts

가. ① 경기 수원군 C 전 1,142평은 1911. 7. 15.경, ② D 답 3,783평은 1911. 7. 23.경, ③ 경기 광주군 E 답 932평, F 전 1,431평, G 답 619평, H 답 1,792평은 1911. 9. 30.경 각 경성부(京城府) 중부(中部) 장통방(長通坊) I에서 거주하던 J에게 사정되었다

(hereinafter “instant land before the instant partition”). (b)

The name of the above Kdong was changed to Ldong around 1914.

C. The land prior to the instant subdivision was land indicated in the attached Tables 1 through 8 (hereinafter “instant land”) following the division of land, merger, conversion of the area, change of the name of the administrative district, change of land category, etc.

The defendant completed each registration of ownership preservation on the land of this case 1 to 8 as stated in the Disposition Nos. 1 and the purport of the claim.

E. Meanwhile, on February 25, 1916, N residing in the above M as the plaintiff's increased aid division, moved his/her residence to the Gyeonggi-doO on July 31, 1937, and P, his/her grandchild, succeeded to his/her property as family heir.

P died on March 22, 2008, and the plaintiffs, as wife Q and children, were succeeded, and Q died on November 5, 2012.

[Ground of recognition] Facts without dispute, Gap 1 to 23 evidence (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. 1) Determination on the plaintiffs' claim is based on the following: (a) whether the title holder of each land of this case and the identity of the plaintiffs are the same person; (b) whether the title holder of each land of this case and the identity of the plaintiff were the same; (c) his residence coincide with M; and (d) whether there are special circumstances to deem that the title holder of each land of this case and the identity holder were residing in M at the time of the above circumstances, the title holder of each land of this case and the identity of the plaintiffs appears to be the same person; and (b) according to the fact that each land of this case were the same as the title holder of each land of this case and the identity of the plaintiffs were recognized.

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