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(영문) 서울중앙지방법원 2020.02.13 2019가단5087661
소유권말소등기
Text

1. The defendant shall be the plaintiff.

(a) As to shares of 2/3 of each land listed in separate sheet 1 and 3, respectively.

Reasons

1. Facts of recognition;

A. On April 20, 1911, the Land Survey Division concerning Suwon-gun B, which was prepared during the Japanese occupation point period, stated that three persons, such as D residing in Suwon-gun Cdong, F residing in Suwon-gun E Ri, and H residing in Suwon-gun E Ri, and H residing in Suwon-gun Gdong, were subject to the assessment of Suwon-gun I 1,410 (hereinafter “instant assessment land”).

B. The details of division and cadastral restoration on the land of this case are as listed below.

On November 20, 1998, when the assessment land date was non-fluored, the area correction was made on December 3, 1998, and on December 4, 1998, the 1,410 square meters J-road 96 square meters J-road 153 square meters, J-road 153 square meters, J-road 158 square meters, as of December 4, 1998.

C. Since then, the Defendant changed the administrative district to Pdong in the separate sheet (the administrative district was changed to "Pdong in the time of emulation," and hereinafter referred to as "each of the instant lands"), as described in paragraph (1) of the order, completed each registration of preservation of ownership (hereinafter referred to as "each of the instant lands").

The plaintiff's early Q was born into the south of R R date father S and mother T, and was adopted to the white net U and White V.

Q died on March 21, 1936, and W, South Korea, died on June 19, 1961, and W, Y, Z, AA, and AB jointly succeeded to W’s property. On July 13, 201, Y died on July 13, 201, the Plaintiff (A), AD, AE, and AF jointly succeeded to Y’s property.

E. Meanwhile, among the co-inheritors of D, one of the circumstances-based co-inheritors filed a lawsuit against the Defendant demanding cancellation of registration of one-third share of each of the instant registrations of initial ownership (hereinafter “related lawsuit”) by Seoul Central District Court Decision 2012Da30845, and the said court rendered a judgment on January 20, 2014, which became final and conclusive around that time.

【Ground of recognition】 The fact that there is no dispute, A1-2.

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