(영문) 서울중앙지방법원 2015.11.04 2015가단51331

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(영문) 서울중앙지방법원 2015.11.04 2015가단51331

소유권보존등기말소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. Land assessment 1) The Land Survey Division of the Female-gun C is the Land Survey Division of the Female-gun: around March 24, 1912, E with the domicile of “Yansan-gun D” and KRW 1,380,000,000,000,000,000,000,000,000,000,000,00

2) The land category of the instant real estate was changed on January 13, 1958.

B. On May 27, 1996, the Defendant completed the registration of initial ownership preservation stated in the purport of the claim regarding the instant real estate (hereinafter “registration of initial ownership preservation”).

C. Around June 1913, 1913, the Plaintiff’s fleet H moved his residence from “Yansan-gun I through 7” to “Yanju-gunJ,” and on June 2, 1917, the Plaintiff returned his/her residence to “Yan-gun, Gyeonggi-do.” (2) On April 10, 1937, the Plaintiff died and succeeded to his/her property solely by his/her son, and the said L died on December 20, 1950 and succeeded to his/her property solely by his/her son M (the N died before his/her death and the N died by his/her son-gun) and on March 1, 2011, the Plaintiff inherited his/her property.

(Other inheritors waives inheritance). 【No dispute exists, Gap 1-6 evidence, Gap 8 evidence, the purport of the whole pleadings.

2. The parties' assertion

A. Since the Plaintiff’s assertion is the same person E, the Plaintiff’s fleet H and the title holder of the instant real estate, the Plaintiff has ownership of the said real estate.

However, the defendant, without any title, completed the registration of initial ownership of the above real estate. Therefore, the defendant is obligated to implement the registration procedure for cancellation to the plaintiff.

B. The Defendant’s assertion 1) The Plaintiff’s fleet H and E, the real estate assessment title of the instant real estate, cannot be deemed the same person. 2) The instant real estate was incorporated into the Han River basin which is a national river and owned by the State, and thus, the instant registration of ownership preservation is valid registration consistent with the substantive relationship.

3. Determination

A. The plaintiff's substitute and the name of the circumstances.

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