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(영문) 서울중앙지방법원 2013.11.29 2013가단5056573
소유권보존등기말소등기
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. In the Land Survey Book drawn up during the Japanese Occupation Period, it is indicated that the G of Gyeonggiwon-gun was 147 square meters on October 15, 1910 (Seoul High Court 43 square meters).

B. The above land was 486 square meters (hereinafter “the instant land”) prior to the king-si F. The Defendant completed the registration of the preservation of ownership in the Defendant’s name on January 5, 1996, under the receipt of 126, from the Suwon District Court registration office of Gyeyang-gu, Seoul District Court, which received on January 5, 1996.

C. Meanwhile, after the death of the plaintiffs in around 1881, J died, and due to the inheritance and inheritance of the family head, the above J died on September 20, 1945, and K succeeded to the inheritance and inheritance of the family head, and the above K died on around 1972, the plaintiffs, who were children of K, jointly succeeded to the deceased K.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of whole pleadings

2. H and I, the title holder of the land of this case, are the same person. Since, as long as I, the plaintiffs' prior owner of this case was determined on the land of this case, registration of preservation of ownership in the defendant's name concerning this case's land of this case's land of this case's assertion, registration of preservation of ownership in the defendant's name of this case's land of this case's land of this case's assertion is complete, so the defendant is obliged to implement registration procedures for cancellation of

3. In light of the aforementioned evidence, the name of H, the title of the land in this case, and the name of I, the Plaintiff’s fleet, is consistent, and the graves of I and J are located in the “Guang City L,” which is the location of the land in this case. The legal domicile of the Plaintiffs’ father K is recognized, but it is recognized that the legal domicile of the Plaintiffs’ father K was “Guang City M,” but on the other hand, I were already dead at the time of the preparation of the above land investigation register. In light of the above facts alone, H and I, the title of the land in this case, and I, the Plaintiffs’ prior owner, are the Plaintiff’s prior owner.

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