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(영문) 서울중앙지방법원 2015.06.03 2014가단5314665
소유권말소등기
Text

1. The defendant on July 23, 1996 to the plaintiffs with respect to the area of 902 square meters in Gyeonggi-gun H prior to the Gyeonggi-gun H.

Reasons

1. Determination as to the cause of claim

A. The registration of preservation of ownership was completed on April 27, 1965 with respect to the 485 square meters in the name of Gyeonggi-gun I, Gyeonggi-do. (2) On November 30, 1968, the 902 square meters in the name of "J" (hereinafter "the instant land") was divided into 485 square meters prior to I on November 30, 1968. The Defendant completed the registration of preservation of ownership with respect to the instant land under the name of the Defendant under the status that the area before I was recorded in the 485 square meters registry under Article 8(3) of the State Property Act, subject to the procedures for the public notice of non-owned real estate under the name of "J" in the name of the Government District Court of Jung-gun, Pyeongtaek-gun, 196, which was received on July 23, 1996.

On the other hand, the area on the register before I is described as 485 square meters prior to the division until now.

3) On May 8, 2008, J, the husband of Plaintiff B, and the father of the other plaintiffs, died on May 8, 2008, and his removed copy, his permanent domicile is indicated as “K in Gyeonggi-gun (amended by “Gai-gun L” as a result of the change of administrative district name on December 1, 2004).” [Grounds for recognition] There is no dispute, and Party A’s evidence Nos. 1 through 8 (each entry of the branch number omitted, the district court of this court’s branch court’s family court, and the fact-finding with the office of Pyeongtaek-gun-gun, the purport of the entire pleadings as a result of the fact-finding.

B. According to the above facts, the registration of preservation of ownership in the name of the defendant in the name of the J with respect to the land of this case divided from the land of this case, even though the registration of preservation of ownership in the name of J was completed for the first 485 years before I, shall be null and void.

However, the deceased J, the decedent of the plaintiffs, and the "J", the registration titleholder of No. 485 years prior to I, shall be deemed the same person. Thus, the defendant is obligated to implement the procedure for registration of cancellation of registration of cancellation of ownership of the land of this case to the plaintiffs, the property heir of J.

2. All of the plaintiffs' claims of this case are reasonable, and this decision is delivered with the assent of all.

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