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(영문) 의정부지방법원 2015.11.20 2014가합54783
소유권등기말소청구의 소
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts B died on October 11, 1942, and accordingly C, its head, as Australia, became the inheritor of the property as the head of household.

On February 12, 1974, the above C died on February 12, 1974, and as his own consciousness, D, E, Selection F, Selection G, Plaintiff, Selection, H, and I jointly succeeded to the property. The above D succeeded to D’s shares on July 3, 1953 due to the death relationship prior to C.

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

2. The Plaintiff’s assertion B acquired the ownership of each real estate indicated in the separate sheet as the owner. Since the Plaintiff and the designated parties inherited each of the above real estate as indicated in the separate sheet, the Plaintiff and the designated parties inherited the same as the ownership of each individual party, they seek confirmation of ownership against the Defendant

3. Determination

A. Decision 1 on the land listed in paragraph (1) of the attached Table No. 1 (hereinafter referred to as “land No. 1”) B changed the name of the administrative district from K on October 1, 2000 to N in Yangju-gun M on October 19, 2003.

(2) On May 21, 1996, the fact that the Defendant had completed the registration of ownership preservation on P ditch 1,914 square meters in two weeks on May 21, 1996 is either disputing among the parties, or based on the evidence Nos. 14-2 and evidence Nos. 17-1, the Plaintiff stated the land No. 1 as “1,914 square meters prior to P in Yangju-si.” However, the Plaintiff stated the land No. 1 as the “1,914 square meters prior to P in Yangju-si.” However, considering not only the land category of the above land and the land category subject to registration of ownership preservation in the Defendant’s name but also the mere clerical error, considering the following circumstances, the land and the land No. 13, 3, 4, 15-1 through 4, 16-1 through 4, and 16-4, each of the oral arguments, the following circumstances are deemed to be the land under B’s name and the land other land.

① On November 2, 1976, the said land was divided into 2,744 square meters and Qua 826 square meters prior to theO in Yangju-gun, Gyeonggi-do, and the said land.

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