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(영문) 의정부지방법원 2015.05.28 2014가단38456
소유권보존등기말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Forest Survey Division for the Gyeonggi Yang-gun B, which was prepared during the Japanese Occupation Period, is written by C (hereinafter “C”) as the assessment title holder of the Gyeonggi Yang-gun D Forest land 35 and 7200 forest land (hereinafter “instant land before the instant partition”).

B. The land before the instant partition was divided into E, and the F land was divided into the said E land, and the said F land was converted into G land on February 12, 1958, and the said G land was divided into G or H land on December 20, 1958, and the said G land was divided into G or H land on December 20, 1958, and thereafter 707 square meters before G was divided into 618 square meters and 89 square meters before G on November 6, 2001, and each land listed in the separate sheet (hereinafter “each land”).

C. On May 15, 1995, the Defendant completed the registration of preservation of ownership as stated in the purport of the claim regarding each of the instant lands (hereinafter “registration of preservation of ownership”).

On the other hand, the plaintiff's father C died on February 22, 1948, and the deceased's father C died on February 28, 1951 by the deceased's father's mother who succeeded to Australia and property by himself, and the mother K who succeeded to the deceasedJ died on May 8, 1969 and succeeded to it by the plaintiff, L, and M, and the legal domicile of the deceased C is N at both weeks.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, fact-finding results on both main markets of this court, purport of whole pleadings

2. The plaintiff's assertion C acquired ownership by way of the assessment of the land before the division, and the plaintiff acquired ownership by inheritance of each land of this case from K via K. The defendant made registration of preservation of ownership of each land of this case without any title.

Therefore, the Defendant is obligated to perform the procedure for registration of cancellation of registration of preservation of ownership of each of the instant land to the Plaintiff.

3. Determination

(a) The land owner shall be registered in the Land Survey Book of the relevant legal doctrine unless there is any counter-proof that the assessment has been changed by an adjudication.

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