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Reasons
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(영문) 서울중앙지방법원 2018.03.30 2017가단5118677
소유권말소등기
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1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The address column of the land survey division relating to the Yang-gun-gun 2,562 and E 357 square meters prior to the division and land category of each of the instant land is indicated as “F of Sungsung-gun,” and the owner column as “G”.

B. The former land cadastre No. 2,562 of the land of this case was destroyed due to an incident of 6.25, and was divided into H No. 1,295 on February 12, 1958, 1, and 625 on February 12, 1958. The first answer 642 was the land of this case following the change of administrative district and the conversion of area into a unit. 2) The former land cadastre No. 357 of E in the land of this case was destroyed due to an incident of 6.25, 1958 and was divided into 222, L No. 88, and M No. 47 on February 12, 1958.

After that, K-P 22 square meters was divided on January 30, 1975, and K-P 205 square meters and N-P 17 square meters, and M-P 47 square meters was divided on the same date and M-P 27 square meters and P-P 20 square meters, and M-P 27 square meters and P-P 20 square meters again became land 2 and 3 of this case following the change of administrative district, area conversion, and land category change.

C. As to the land No. 1 of this case, the Jung-gu District Court, Namyang District Court, Law No. 54150, Oct. 28, 1994; Law No. 4690, Jul. 24, 1996 with respect to the land No. 2 of this case; Law No. 17654, Mar. 27, 1996 with respect to the land No. 3 of this case, registration of preservation of ownership in each Defendant’s name was completed.

[Evidence] Evidence Nos. 1-1, 2, 2-1 to 3, 3-1 to 3, 4, 5-1 to 5, 6, 7-1, 2, and 8-1 to 3, respectively.

2. Summary of the parties' arguments

A. As the plaintiffs P died on December 30, 1950, Q Q Q Q on November 4, 1962, and Q Q on May 25, 197, the plaintiffs succeeded to each of the instant land jointly with other inheritors. Unless the defendant proves that he succeeded to each of the instant land, G was under the circumstances.

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