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(영문) 서울중앙지방법원 2018.10.11 2017가단5200170
소유권말소등기
Text

1. As to each land listed in the separate sheet to the Plaintiff, the Defendant shall register each of the land with the Suwon District Court, Sungnam Branch, and on 190.

Reasons

1. Facts of recognition;

A. The name of the administrative district was changed to the Gwangju-Gun Bri (Seoul-gu, Manam-si, Da-dong, hereinafter referred to as the "Seoul-si Cdong on May 1, 1989) D No. 162 and E on July 10, 1911 (hereinafter referred to as the "Sari-si"). Since F-si 162 (hereinafter referred to as the "the mother land of this case"), the land was restored to F-si 162 (hereinafter referred to as the "the mother land of this case"), and the land classification was divided and changed to F-si 129 square meters on March 20, 1953, G road 25 square meters (attached Form 1), H road 8 square meters (attached Form 2).

(hereinafter referred to as “each of the instant lands” in the separate sheet. (b)

The copy of the closed register of Sungnam-si (Revision-gu) D 162 of Sungnam-si 162 is stated that J having an address in Sungnam-si I completed the registration of ownership transfer on September 7, 1946.

C. The land cadastre of the mother land of this case is indicated as the owner on February 5, 1953 by J, who has an address in I, and the accident column is indicated as the “recoveration registration”.

On December 27, 1990, the defendant completed registration of preservation of ownership of each of the land of this case.

E. K, the Plaintiff’s reference, had a permanent domicile in Seongbuk-gu, Sungnam-si, and died on December 28, 1963.

The plaintiff as a head of South Korea shall be the deceased's heir.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 5 (including branch numbers in case of additional number), Eul evidence 1 to 3, the purport of the whole pleadings

2. According to the above facts of recognition, it is reasonable to view that J acquired the ownership of the mother land of this case on September 7, 1946. Since it is reasonable to view that K, the Plaintiff’s fleet, and K, the closing copy of the register and the original land cadastre as the Plaintiff’s fleet, as well as the name and the permanent domicile of the Plaintiff are the same and the same person, the Defendant is liable to implement the registration procedure for cancellation of registration of preservation of ownership of each land of this case as the Plaintiff, the heir of K.

3. The plaintiff's claim is accepted on the ground of the reasoning.

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