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(영문) 서울중앙지방법원 2015.01.07 2014나17878
소유권보존등기말소 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. G (G and address: Gyeonggi-si) on March 10, 1914, the land research division entered the Gyeonggi-gun D 319 square meters (hereinafter referred to as the “1 land”) and the 580 square meters before E (hereinafter referred to as the “2 land”) as an assessment titleholder.

B. The Gyeonggi-si Group F and Q were integrated on February 26, 1915 and came to C.

C. Following the registration of conversion into the area and the change of the name of the administrative district, the land of this case was 1,055 square meters for the land of this case, and the land of this case 2 was 1,917 square meters prior to Gwangju City E, and the Defendant completed each registration of preservation of ownership (hereinafter referred to as “each of each of the instant lands”) with respect to the land of this case Nos. 1 and 2 (hereinafter referred to as the “each of the instant lands”), which was subject to the procedures for the public announcement of non-owned real estate as prescribed by the State Property Act.

The land No. 1 (attached Form No. 1) of the instant case was combined with the H large 48 square meters in Gwangju-si on November 2, 2012 and became D large 1,103 square meters.

E. The plaintiff's fleet G [G, R (Sss referred to in evidence 2-2 of A)] appears to be a clerical error.

) Permanent domicile: The J and K jointly inherited the property on January 28, 1976, which were their children, after the death of January 28, 1976 from Gwangju-gun to I, and the J died on June 2, 1980, and their children including the Plaintiff (L, M, N,O, P) jointly inherited the property.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 6, purport of whole pleadings]

2. Determination as to the cause of action

A. First, in the instant case where there are no circumstances to deem that the Plaintiff’s group G and Dong name were in the Gyeonggi-gun group C, it is reasonable to regard G as the same person as the Plaintiff’s group G and the same person in light of the Chinese characters, addresses, and the period of survival.

B. In light of the above-mentioned basic facts, since each land of this case is presumed to have become final and conclusive by G under the circumstances of G, G shall be deemed to have acquired the ownership in a timely manner, and currently, the Plaintiff.

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