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(영문) 서울중앙지방법원 2016.12.23 2015나64703
소유권말소등기
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

Reasons

1. Basic facts

A. According to the Land Survey Division, the Gi-gun, Gyeonggi-gun, (hereinafter “Bi-si”), 374 square meters prior to the 374 square meters, F 1,937 square meters, and G 2,894 square meters (hereinafter “each of the instant circumstances land”) are indicated as being under the circumstances of C residing in Bi-ri, around 1912, respectively.

B. Since then, each of the instant circumstances was divided into the following and the registration of preservation of ownership was completed in the name of the Defendant, such as the entry in attached Table 2(2) through (6), as to each of the lands listed in [Attachment 1] List 2(2) through (6), which are part of the divided lands:

1) On November 13, 1957, the registration of the preservation of ownership in the name of the Defendant was completed by the Suwon District Court Branch No. 2503, Nov. 13, 1957, and thereafter, E was divided into 169 square meters before H on December 30, 1957 and 169 square meters before I, and on October 4, 1996, the said H land was divided into 148 square meters before J from the above H’s land, and as such, the said land was divided into 411 square meters before Bri (attached Form 1(2); hereinafter “the land of this case”).

(2) Around December 30, 1957, the registration of initial ownership in the Defendant’s name was transferred to the land register as to the instant land. (2) F 1,937 square meters was divided into G 407 square meters (i.e., 1,345 square meters) and L 1,530 square meters. The said K land was divided into K 1,049 square meters (hereinafter “instant land”) and M 40 square meters (hereinafter “the instant land”) and N 253 square meters (hereinafter “the instant land”) of M 1,043 square meters (hereinafter “the instant land”) on October 20, 1973 through land division and land category change.

With respect to the land Nos. 2 and 4 of this case, no. 15240 received by Suwon District Court on December 31, 1980, and with respect to the land No. 3 of this case, registration of preservation of ownership in each Defendant’s name was completed on July 30, 1996 by Suwon District Court No. 16245.

3 G answer 2,894 P.W.

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