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(영문) 서울중앙지방법원 2020.05.07 2019가단5080677
소유권말소등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The land survey division for the land of the “Yju-gun B” prepared during the Japanese occupation period is indicated as the assessment of D, who has an address in the “Cri-Ri (Cri-Ri)” in the “Yju-gun E (hereinafter “instant assessment land”).

B. The instant assessment land became the land indicated in [Attachment 1 and 2] annexed Table 1 through the restoration of land, division, land category change, administrative district change, etc. thereafter.

(hereinafter referred to as “each of the instant lands” in the order of the land indicated in [Attachment 1 and 2] in [Attachment 1 and 2] shall be combined and “each of the instant lands.”

Around January 16, 1921, “F,” the Plaintiff’s prior owner, died and succeeded to the said F’s property solely. Around November 5, 1922, the said G died and his two parties succeeded to the said G’s property solely. Around January 23, 1987, H died and jointly succeeded to H’s property, the Plaintiff, J, and K, his wife, and his wife’s wife, were jointly succeeded to H’s property. H and the Plaintiff’s legal domicile are all the Sis-Guns L in Gyeonggi-do.

On the other hand, the defendant completed the registration of preservation of ownership as to the land No. 1 of this case by the Goyang-gu District Court, Goyang-gu District Court No. 16529, May 8, 1996. The defendant completed the registration of preservation of ownership as to the land No. 2 of this case by the Jung-gu District Court, Goyang-gu, Goyang-gu Branch Office, 1995 No. 30700, Oct. 13,

(2) Each registration of preservation of ownership, which has been completed in the name of the defendant on each of the land of this case, shall be referred to as the "registration of each preservation of this case"). 【No dispute exists as to the ground for recognition, entry in Gap evidence Nos. 1 through 9 (including each number number), the purport of the whole pleadings.

2. Determination as to the cause of action

A. The following circumstances, i.e., the permanent domicile of H and the plaintiff L is the permanent domicile of H and the address of the title holder of the circumstances described in the land investigation injury, i.e., Tong/Ri, or C, where the address of the title holder of the situation described in the land investigation injury is the same person in each of the statements Nos. 1, 2, 6, and 8.

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