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(영문) 수원지방법원 2018.01.25 2016가단505772
소유권말소등기
Text

1. Defendant G is a registry office of each Suwon District Court with respect to the real estate stated in attached Tables 6 and 7 to the Plaintiffs.

Reasons

The grounds for the determination of the claim against Defendant G are as specified in the relevant part of the attached Form of the claim for determination.

The grounds: Article 208(3)2 of the Civil Procedure Act provides that each land listed in the list of plaintiffs' claims against the remaining Defendants (hereinafter referred to as "each land of this case") is owned by the deceased as the land for which the networkO (Death April 15, 1955) was inspected, and the registration of ownership transfer was made in the name of the Defendants without legitimate title with respect to each land of this case.

Therefore, since the registration in the above Defendants’ name is invalid, the above Defendants are obligated to cancel the registration in their respective names to the Plaintiffs, who are the inheritors of the deceased, and the Defendant Republic of Korea is obligated to confirm that each land in this case is owned by the Plaintiffs.

Judgment

According to the evidence evidence Nos. 1 and 2, the owner of Suwon-gun P land, which is the land prior to the subdivision of each of the instant land, shall be Q, and its address shall be indicated as R, and the owner of the S land and the injury to the S land shall also be Q, but the address of the P land shall be acknowledged as having been vacant.

(The above land before the division is “the land before the division.” Prior to viewing the legitimacy of the plaintiffs’ claims, we first examine whether the deceased, who was his decedent, is the same as Q, the owner of the land before the division, “ Q,” and the same person.

According to the statement No. 3-1, the legal domicile of the deceased is entirely different from the address of theO in the above land investigation injury.

In addition, in the case of S land, among the land before the instant partition, the address of the owner is vacant. This appears to be based on the method of preparation at the time of the preparation of the Land Survey Book stating that if the location of the land and the address of the owner are identical, the address is blank (see Supreme Court Decision 80Da2327, Jul. 27, 1982). Accordingly, among the land before the instant partition, the land prior to the instant partition is S.

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