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(영문) 서울중앙지방법원 2014.05.01 2013가합520458
소유권보존등기말소청구
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

가. 일제 강점기 하에 작성된 토지조사부에는 경성부 동부 창선방 E(京城府 東部 昌善坊 E)에 주소를 둔 F이 1911(명치 44년). 6. 25. 경기 광주군 G 답 213평(이하 ‘이 사건 사정토지’라 한다)을 사정받은 것으로 기재되어 있다.

B. On November 15, 1957, H (the land category was changed from the answer to the site) was divided into 135 square meters from the instant land. The said divided land became the land of Gangdong-gu Seoul Metropolitan Government D large 446 square meters (hereinafter “instant land”).

C. Official cadastral records such as the old land cadastre regarding the instant land

6. Around 25.25. Around the time of war, the land was destroyed and restored on June 23, 1972. The land cadastre that was restored was set out by J in Seoul Jongno-gu, Jongno-gu.

On the other hand, as to the land of this case, the registration of preservation of ownership (hereinafter “registration of preservation of this case”) was completed on December 27, 1993 by the Gangseo-gu Seoul East District Court Registry No. 151270 received on December 27, 1993.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including branch numbers), and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The summary of the plaintiffs' assertion 1) since the land of this case was the land in F, a situation name, and the registration of preservation of this case under the defendant's name, which was completed with respect to the land of this case, is the registration invalidation of the cause. The above circumstance title F, a co-owner of the land of this case, is the same as K and the same person, who is the plaintiff's increased portion of the plaintiffs, and K, died on August 29, 1924 after he succeeded to K and succeeded to L on December 29, 1945, and M was deceased on October 20, 1978 and succeeded to the land of this case. The plaintiffs, a co-owner of the land of this case, sought cancellation of the preservation registration of this case, which is the cause invalidation of the defendant's preservation registration, due to the act of preservation based on ownership.2) The situation of the land of this case, as well as the situation of the land of this case.

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