logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.04.26 2015가단106765
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The land survey book written below a certain level is written by C as the owner of the 969 square meters (3,204 square meters) prior to the 19th century (hereinafter “D”).

The F land was divided on November 11, 1968 from the above land, and the land listed in the attached list (hereinafter “instant land”) was divided from each F land on the same day, and the land listed in the attached list (hereinafter “instant land”) was divided from each F land on September 27, 2001.

B. The registration of ownership preservation in the name of the Defendant was completed on February 26, 1970 on F forest land 876 square meters (the area of the instant two land has decreased to 589 square meters as the area was divided) and the instant two land under the name of the Suwon District Court as the receipt No. 997 of February 26, 1970.

C. C deceased on March 24, 1948, and his wife succeeded to Australia, but died on August 31, 1962, and thereafter, C and G’s wife succeeded to Australia, but died on March 7, 2001.

The plaintiff is the husband of I, who is a father of H.

(I) [Grounds for Recognition] . [A] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-4, Gap evidence 1-5, Gap evidence 4-1-5, Gap evidence 5, 6-4, Eul evidence 4-2 and 4-4, and the purport of the whole pleadings at the time of harmony.

2. The assertion and judgment

A. The Plaintiff’s assertion of each of the instant lands acquired the ownership of each of the instant lands upon assessment by C, and the Plaintiff succeeded to each of the instant lands with other inheritors.

The defendant, the title holder of each of the lands of this case, is presumed to be the owner, but it is proved that there is another person to whom each of the lands of this case was assessed, such presumption shall be broken.

Therefore, the Defendant, among the inheritors of each of the instant lands, is obligated to perform the registration procedure for cancellation of registration of cancellation of registration of preservation of ownership in the name of the Defendant, which was completed on each of the instant lands

(The plaintiff alone seeks cancellation of the above registration by the act of preserving the article jointly owned. (B)

Judgment

1. The Land Survey Book, as specified below:

arrow