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(영문) 서울중앙지방법원 2018.06.25 2017가단5159159
소유권말소등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. According to the Land Survey Book drawn up during the Japanese Occupation Period, D was assessed on November 20, 1913 as to the Yangju-gun E 451 square meters (hereinafter “instant assessment land”).

B. As to the land B on February 12, 1958, “land category: road area: 81 square meters” was included in the contents and owner column of the land that was previously discovered as D in the above restored land cadastre.

C. On August 9, 1986, the Defendant completed the registration of preservation of ownership (hereinafter “registration of preservation of this case”) in accordance with No. 24198 as to the land B. D.

On July 26, 2003, F land was divided from B, and on December 14, 2015, the land category of the said land was changed into a railroad site.

E. On the other hand, the south of G is H and the south of H is I, and the plaintiff is the south of I.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 to 4 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion of this case is the land under the circumstances of G, which is the Plaintiff’s shipbuilding, and each of the instant land was divided from the instant land.

Since the preservation registration of this case in the name of the defendant is the registration of invalidity of cause, the plaintiff, one of the successors to G, who is the master of G, shall seek cancellation of the above preservation registration.

B. Prior to the Defendant’s assertion, D and the Plaintiff’s first aid G are the same, but there is no evidence to deem that the same person is the same.

Land B before subdivision was the site of JM and was later incorporated into a road site due to K construction.

In light of the details of partition of each of the instant lands, the details of ownership transfer of each of the instant lands divided from the land, the current status of land use, etc., the acquisition by the Defendant was completed since the Defendant purchased each of the instant lands and used them as a railroad site or opened and occupied roads. The preservation registration of the instant land is in accord with the substantive relationship.

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