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(영문) 서울서부지방법원 2016.02.05 2015가단215451
소유권말소등기
Text

1. As to the Plaintiff, with respect to the size of 1,454 square meters and the area of 1,461 square meters prior to the Sinyang-si, Seoyang-gu and the area of 1,461 square meters prior to the date of the application

A. Defendant.

Reasons

1. On September 4, 1996, Defendant C filed a lawsuit demanding the transfer of ownership (or the appellate court’s high-level 2013Gahap89777) by asserting that Defendant C purchased 15 parcels of land, including the land indicated in the order (hereinafter referred to as the “instant land”) against Defendant B clan (hereinafter referred to as Defendant clan), and received a final and conclusive judgment on January 9, 2014.

On August 4, 2014, Defendant C completed the registration of ownership transfer in the name of Defendant C on the same day after completing the registration of ownership transfer in the name of Defendant clan in subrogation of Defendant clan with respect to the instant land unregistered.

After that, the registration of ownership transfer in the name of Defendant D, the registration of establishment of ownership in the name of Defendant Young-gu Agricultural Cooperative, and the registration of establishment of superficies was completed in the name of Defendant Young-gu Agricultural Cooperative.

2. The assertion and judgment

A. The plaintiff asserted that the plaintiff himself/herself is the only heir of G, H, I, and J from the land of this case, and that the registration of preservation of ownership in the name of the defendant clan was completed without any cause. Thus, the plaintiff asserts that he/she sought the registration of preservation of ownership, the registration of the remaining transfer of ownership, the registration of creation of superficies, and the cancellation

B. The instant land was determined by the J in March 25, 1905. After that, on August 10, 1916, the Korean Land Investigation Committee rendered a ruling on August 10, 1916 that the instant land was jointly owned by four members, including the said G1. The G1’s address stated in the said written ruling is the G K in Seoan-do, Chungcheongnam-do, and H’s address is the GW L. 2) M was born from Jongno-gu Seoul N on March 25, 1905 to the south of the Republic of Korea (G, hereinafter referred to as “G2”).

G2 died on December 20, 1937, and at the time of death, there was a long-Nam M and the next South P as bereaved family members.

M on August 25, 1964 with the permission of the Seoul Civil District Court on August 29, 1964 for the inheritance of Australia after the death of G2, M was taken on August 29, 1964, and on April 23, 1975.

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