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(영문) 서울중앙지방법원 2016.08.11 2015가단5079600
소유권보존등기말소 등
Text

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

2. The plaintiffs' remaining claims are dismissed.

3...

Reasons

1. Basic facts

A. The land survey division prepared during the Japanese occupation period is written in the land survey division in Gyeonggi-do H 342, I 937, and the J 1,287 prior to the Yangju-gun of Gyeonggi-do, and the J 1,287 prior to the Yang-gun of Yangju-gun of Gyeonggi-do is written in that the O residing in K was each subject to the circumstances. In addition, the Gyeonggi-do P 65, and N 1,410 of the Gyeonggi-do Pakistan-gun N 1,410, respectively.

(hereinafter referred to as “instant land”). B.

On August 30, 1936, P, as the plaintiffs, died, Q Q Q, as the family heir, inherited P’s property as the deceased on August 22, 1952, Q Q also succeeded to Q Q’s property as the family heir. R on January 22, 1994, the deceased on January 22, 1994, and the plaintiffs, as his wife and children, jointly inherited their property.

C. The defendant completed the registration of ownership preservation as shown in the attached Table.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 14 (including additional number), the purport of the whole pleadings

2. The plaintiffs' assertion - The land of this case was originally acquired by P and Q, which is the plaintiffs' preemptive rights.

- On December 1, 2004, the land of this case, divided into the land of this case, was merged into T-road on December 1, 2004, and the land of this case was merged between 122 square meters in U.S. and 50 square meters in P-si in Pakistan. Each land before the merger is owned by the Plaintiffs, who are the names of the circumstances, inherited from the fleet, and thus, the Defendant is seeking the confirmation of the ownership of the land before the merger.

- Registration of the preservation of ownership in the Defendant’s name, which is placed in the size of X-7 square meters and Y193 square meters in Yangju-si, divided from the land of the instant assessment, is null and void, and should be cancelled.

3. Determination

A. In the absence of counter-proofs, such as changes in the content of a land survey register, the land owner shall be presumed to have become final and conclusive, and the ownership preservation register shall be presumed to have been acquired in the original manner.

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