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(영문) 서울중앙지방법원 2018.10.19 2017가단5142649
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. According to the Land Survey Division drawn up by the Land Survey Project during the Japanese Occupation Period, Seocheon-gun B, Macheon-gun, 2,618 (hereinafter “instant assessment land”) is indicated as C’s assessment on March 15, 1914 (Seoul 3 years), respectively.

B. On December 30, 1963, the land of this case was restored to its original state and divided after the change of administrative district.

C. As to each land listed in the separate sheet Nos. 1, 2, 4, and 5 (hereinafter “instant land”) in the separate sheet Nos. 1, 2, 4, and 5 (hereinafter “instant No. 1, 2, 4, and 5”), the registration of the preservation of ownership in the Defendant’s name was completed as to the land listed in the separate sheet No. 31767 received on September 20, 2004 and the land listed in the separate sheet No. 3 (hereinafter “instant No. 3”) in the Jung-gu District Court’s Macheon Registry No. 982, Feb. 9, 1980.

On January 28, 1966, D, the Plaintiff’s fleet, died and succeeded solely to E, who is a male woman, and E died on October 13, 1984, and E was a spouse’s heir, G, Plaintiff, H (Death on November 18, 194), I, and J. However, F died on August 8, 198.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 13, purport of the whole pleadings

2. In full view of the following circumstances acknowledged by the evidence duly admitted prior to the determination of the cause of the claim, namely, the Plaintiff’s prior owner D and the title holder of the situation are the same as the Plaintiff’s prior owner and the title holder, and D have a permanent domicile in Macheon-si, S, the title holder of the assessment land, and D, the Plaintiff’s prior owner of the assessment land, are the same.

According to the above facts and the above facts, each of the lands of this case was assessed against D, the Plaintiff’s prior tenant during the Japanese occupation period, and thus, barring any special circumstance, the Defendant is obligated to implement the registration procedure for cancellation of each registration of preservation of ownership of each of the lands of this case, which was completed with respect to each of the lands of this case, seeking the Plaintiff as co-inheritors who succeeded to ownership

3. The defendant's assertion

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