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(영문) 서울중앙지방법원 2017.12.15 2015가단5288510
소유권보존등기말소
Text

1. The part concerning the claim for confirmation of ownership among the instant lawsuit is dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Basic facts

A. According to the Land Survey Book drawn up by the Japanese Occupation Period, E residing in B 7,446 and C 2,949 at the time of the Gyeonggi-si, Gyeonggi-si, which was located in B 7,446 and C 2,949, is indicated as being under the circumstances of E residing in B as a clerical error in the north part of the G

(hereinafter referred to as the “instant assessment land”). The name of the “Fdong of the GICJ” was changed to the Jongno-gu Seoul Metropolitan Government HH, via the G status of the G status of the G status of the G status of the G status of the G status and the G status of the G status of the Jongno-gu.

B. On February 1, 1979, part of the above land was divided into 56 square meters of the I road (the name of the administrative district was changed to Jdong-dong, the land listed in paragraph (1) of the attached Table 1; hereinafter “instant land”). On April 7, 2009, KK road was divided into 16 square meters (the land listed in paragraph (3) of the attached Table; hereinafter “third land of this case”).

As to the land No. 1 of this case, the registration of the preservation of ownership in the name of the defendant was completed in accordance with the receipt of No. 67098 of October 15, 1996, which was known to the Suwon District Court, and the land No. 3 of this case is currently unregistered.

C. On November 5, 1969, part of C’s land was divided into 109 square meters (the land indicated in paragraph (2) of the attached Table; hereinafter “the land of this case”) of L, a road for cadastral restoration, etc. The registration of the preservation of ownership in the Defendant’s name was completed as of October 15, 1996 by the Suyangyang Branch Branch of the Suwon District Court for the said land.

On the other hand, E, the permanent domicile of which is in Gyeonggi-do W, was deceased on December 31, 1927 and succeeded to by Ma, his South-North, who was his spouse, due to the death of M around August 8, 1965, and the rest of the heir, other than the Plaintiff, who was jointly inherited by N, children, P, Q, and R, who was the spouse.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 15 (including additional number), the purport of the whole pleadings

2. Claim for the confirmation of ownership of the third land among the instant lawsuit.

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