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(영문) 서울중앙지방법원 2019.04.12 2017가단5239949
소유권말소등기
Text

1. The defendant, on October 8, 1996, filed with the plaintiff a Suwon District Court in relation to the size of 139 square meters of the B road in Chungcheongnam-si.

Reasons

1. Facts of recognition;

A. On September 21, 1911, the land research division prepared by the Japanese governor-general under the Joseon Land Survey Order, which was enforced during the Japanese occupation period, stated that D (D and the address column were vacantly recorded) was an assessment of Gyeonggi-gun C large 349 square meters (hereinafter “assessment land”) around September 21, 191.

B. (1) In the old land ledger, D with the address in C concerning the assessment land is registered as the owner.

(2) The assessment land was divided into B B large 42 square meters and E large 307 square meters on March 20, 1953, and B large 42 square meters on March 20, 195, following the procedure of conversion of area, conversion of land category, and change of administrative jurisdiction, etc. (hereinafter “instant land”).

(3) On October 8, 1996, the Defendant completed the registration of preservation of ownership (hereinafter “registration of preservation of this case”) by the Suwon District Court Branch of the Sungnam Branch of the Sungnam Branch of the Sungnam Branch of the Seoul Branch of the District Court (No. 47497).

C. Meanwhile, the Plaintiff’s high-help division F was killed while residing in Gwangju-gun C (Sinnam-si G) with his/her permanent domicile, and the Plaintiff was jointly inherited his/her property through H, I, and J of the Plaintiff’s increased portion of evidence.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 9 (including additional numbers), fact-finding inquiry results on the subordinate market of this court, the purport of the whole pleadings

2. Determination on the cause of the claim

A. Comprehensively taking account of the assessment titleholder of the assessment of the assessment land and whether the Plaintiff’s fleet F is the same person, the assessment titleholder of the land and the Plaintiff’s senior assistant F are identical to one another’s name; his residence coincide with C; and there are no special circumstances to deem that the Plaintiff’s senior assistant and the Plaintiff’s name were residing by the same other person at the time of the assessment of the land in C, it is reasonable to see the circumstances and the Plaintiff’s senior assistant F as the same person.

(b) A person registered in the land investigation register where the duty of cancellation of registration of ownership preservation has occurred shall be changed by an adjudication.

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