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(영문) 서울중앙지방법원 2020.04.21 2019가단5039600
소유권말소등기
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. On March 30, 1918, in the Gu forest register prepared during the Japanese occupation occupation period, it is written that C was under the circumstances of March 30, 1918.

B. On October 10, 1934, the land prior to the instant subdivision was divided into “one-half of six-one-one-half of the six- group of forests and fields D (hereinafter “D”) and each of the real estate listed in the separate sheet (hereinafter “each of the instant lands”).

On the other hand, the owner of each of the instant lands in accordance with the forestry cadastral book of each of the instant lands was maintained C, and as a result, the number of lines was cut to the “forest” indicated in the land category column, and the “road” was immediately adjacent thereto.

C. On October 28, 1971, the Defendant applied for registration of preservation of ownership of D land in the name of E in the name of E, and entered the location No.B and the size No. 1 in the name of E, and completed registration of preservation of ownership in the name of E as to “B” and “No. 6 group No. 1 in the forest land B in Gyeongnam-gun, Seoul Special Metropolitan City.” On March 2, 2004, the Defendant corrected the parcel number from “B” to “D” and completed registration of change in the name of the Defendant.

On January 7, 2014, the Defendant filed a lawsuit seeking confirmation of ownership of each of the instant land in a state of non-registration against the Plaintiff as Seoul Central District Court 2014Da5004173, but the said court rejected the Defendant’s claim by recognizing the Defendant’s defense of prescription for acquisition of possession by the Plaintiff. The said appellate court (Seoul Central District Court 2015Na33082) received the assessment of the instant land before the instant partition in the name of the title truster C, the title truster, in

Even if it cannot be deemed that the Plaintiff acquired the ownership of the land before the instant partition, the Defendant’s appeal was dismissed without making a decision on the defense of the prescription period for the acquisition of the Plaintiff’s possession, and the Defendant’s appeal was dismissed and finalized on March 25, 2016.

E. On April 27, 2016, each of the instant lands is subject to registration of ownership preservation in G name, the heir of C.

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