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(영문) 서울고등법원 2017.01.20 2016나2017468
소유권보존등기말소 청구
Text

1. Of the real estate listed in the attached Table 9 of the judgment of the court of first instance, the Attached Table 2 Appraisal No. 511, 512, 513, 514, 515, 515.

Reasons

1. Basic facts

A. In Gwangju City, D, and E (hereinafter referred to as “V”) the network G G with the domicile in Gwangju City F, and the part among the real estate No. 9 (the part 2,579m2, Hanam-si, Hanam-si, Hanam-si) the network I had the domicile in Gwangju City F, respectively.

B. Real estate Nos. 2, 3 was divided into D land, and real estate Nos. 5 and 6 was divided into E, and the part of real estate Nos. 9 was combined with several lots of forest land and land and land No. 506,649 square meters in Hanam-si.

C. On April 14, 195, the Defendant completed registration of initial ownership relating to real estate on March 14, 196, on real estate on March 14, 1996, on real estate on September 3, 196, on real estate on September 18, 196, on March 13, 196.

The deceased on April 2, 1920, the deceased on April 2, 1920, and the deceased, the only son, succeeded to the property solely.

The deceased on January 11, 1970, M&I, the spouse of the deceased I, succeeded to the deceased I on behalf of the deceased on November 2, 1965, such as N's spouseO, the plaintiff, P, etc. who died on November 2, 1965.

[Grounds for Recognition: Facts without a partial dispute, Gap evidence 1 to 7 (including branch numbers, if any)

(2) Each entry, the fact-finding results on Q dismissal in the court of first instance, the result of the survey and appraisal by the appraiser R in the court of first instance, the purport of the entire pleadings)

2. Determination as to the cause of action

A. The part of the part of the Plaintiff’s assertion Nos. 1, 2, 3, 5, 6 real estate and 9, among the real estate (hereinafter referred to as “the instant real estate”) is the land where the Plaintiff’s set-off G and net I was under the circumstances. Although the heir exists, the Defendant’s registration of preservation of ownership was completed by classifying the instant real estate as non-state real estate, and thus, the registration of preservation of ownership in the name of the Defendant is null and void. Accordingly, the Defendant, the heir, is obliged to perform the procedure for registration of cancellation of registration of ownership in the name

B. Determination 1: (a) the part of the real estate set forth in Nos. 1, 2, 3, 5, 6; and (b) the part of the real estate set forth in No. 9 was examined respectively; (c)

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