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(영문) 수원지방법원여주지원 2016.02.02 2015가단21655
소유권말소등기
Text

1. The defendant on February 21, 1996, concerning each real estate listed in the separate sheet to the plaintiff.

Reasons

1. Basic facts

A. The Land Survey Division for Gyeonggi-gun B prepared during the Japanese Occupation Period is written in the Land Survey Division for Gyeonggi-gun B, the address of which was in C at the time of 1912 (45 years old), as the assessment title of the Gyeonggi-gun E, Leecheon-gun, and 740 square meters (hereinafter “Before the instant partition”).

B. The land before the instant partition was divided into the land division and the change of the name of the administrative district, and the land before the instant partition was divided into each land indicated in the separate sheet (hereinafter “each land of this case”).

C. On February 21, 1996, the Defendant completed the registration of preservation of ownership (hereinafter “registration of preservation of this case”) on each of the land of this case, as described in paragraph (1) of the disposition.

On the other hand, the Plaintiff’s prior net H was born in Ethical Ethical G and died on December 22, 1947. On June 9, 2004, the Plaintiff’s spouse J, J, K, L, M, N, and the Plaintiff jointly succeeded to the family and property as the deceased on June 9, 2004.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 10 evidence, fact-finding inquiry and reply to the O in case of transfer by this court, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion that the Plaintiff’s prior land was acquired by the assessment of the land before the instant partition, and the Plaintiff et al. jointly inherited the said land as the deceased H’s descendants. Since the Defendant completed the registration of preservation of ownership of each of the instant land without any title, the Plaintiff is obliged to perform the registration procedure for cancellation of registration of preservation of ownership of each of the instant land.

B. Unless there is any counter-proof such as the change of the content of the land investigation register as the owner by the adjudication, the land owner shall be presumed to have become final and conclusive, and the land before the partition shall be naturally acquired. According to the basic facts, the land before the partition of this case shall be athleticly conducted at the time of the assessment around 1912.

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