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(영문) 서울중앙지방법원 2018.04.18 2017가단67910
소유권보존등기말소등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. A was determined as the owner of the level B B B 1,434 in Gangwon-do through a land survey project implemented during the Japanese colonial rule period.

B. However, the above land was divided into C and D land, and the above D land was further subdivided into 826 square meters prior to the above D on June 28, 1967 (hereinafter “instant land”) and 294 square meters prior to the above E (hereinafter “instant land No. 2”).

C. However, the defendant completed the registration of preservation of ownership as to the land Nos. 1 and 2 of this case by Law No. 6239 received on May 31, 1996.

【Fact-finding, Gap evidence 1 (including branch numbers for those with additional numbers; hereinafter the same shall apply), 2, Eul evidence 1 and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. 1) The plaintiffs asserted that the deceased Gap's descendants, who were assessed against the owner of the land of this case as the owner of the land of this case, acquired the ownership of each of the above land at present through inheritance, and the defendant registered as the owner of the above land and thereby hindering the exercise of the plaintiffs' ownership. Thus, the defendant asserts that the defendant bears the duty to implement the procedure for registration of cancellation of registration of cancellation of registration of the first and second land of this case. 2) Accordingly, the defendant cannot be deemed to be the same person (main Chapter Ⅰ), and even if not, it is not for the family affairs, the deceased Gap's descendants, who are the circumstances where the land of this case was or could have been disposed of to the third party, cannot exercise their ownership (main Chapter Ⅱ), and the defendant already acquired the prescription of this case (the main Chapter Ⅱ), and the defendant already acquired the prescription of this case.

(Chief Director III). (b)

Even if the name is indicated in the previous land cadastre column which was restored before the amendment of the Cadastral Act on December 31, 1975, the presumption of right cannot be recognized, and the distributed farmland repayment register or the distributed farmland register shall be completed after the decision of distribution of farmland has been completed.

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