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(영문) 서울중앙지방법원 2016.04.01 2015가단5289780
소유권말소등기
Text

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

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

Reasons

1. The following facts may be found either as a dispute between the parties or as a whole in the entry in the evidence No. B (1).

(i) On June 14, 1913, the former Gyeonggi-gun Group D 412 was considered to own the land of this case E.

B. The land of this case became the land of this case through the Gyeonggi-gun B large 1,362 square meters due to the change of administrative district and the change of name.

Article 22 of the Civil Code No. 1 of the Civil Code No. 5151 of April 16, 1981, the defendant completed the registration of initial ownership in respect of the land of this case.

B. (i) Before the former Gyeonggi-gun, 506 square meters was considered to be owned by E on June 14, 1913, 1913.

B. The said land was divided into 823 square meters prior to G and 850 square meters prior to H, and the said G was divided into the two land of this case via the Gyeonggi-gun, Gyeonggi-gun, with the change of administrative district and name, etc.

Article 26 of the Civil Code No. 11391 of September 5, 1979, the defendant completed the registration of initial ownership as to the land No. 2 of this case.

C. E’s inheritance relation (i) died on July 20, 1923, and I, South-North, as Australia, inherited E independently.

Sheshe died on July 3, 1941, and the J, the Republic of Korea, the Republic of Korea, inherited I as the head of Australia alone.

Article 25(1) of the International Civil Code provides that the Korean Civil Code shall apply to the Korean Civil Code, and the Korean Civil Code shall apply to the Korean Civil Code (hereinafter referred to as the "Korean Civil Code").

2. Summary of the parties’ assertion

A. Since the first and second lands of this case were acquired in original condition by the first and second lands of this case, each of the above lands is to be jointly owned by the heir of J including the plaintiff, who is the successor of E, but the defendant completed registration of preservation of ownership as to each of the above lands without any title.

Therefore, the plaintiff is seeking the implementation of the procedure for registration of cancellation of registration of cancellation of ownership preservation in the name of the defendant who completed each of the above lands against the defendant with respect to the preservation of the common property.

B. (1) The instant case.

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