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(영문) 서울중앙지방법원 2019.01.24 2018나35263
소유권말소등기
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 10, 1913, 1913, the land investigation division prepared by the Joseon General Co., Ltd. for the land investigation division B with the address X-gun X-gun located in the Geong-gun (2 years in 1913, 201,816 (hereinafter “instant assessment land”) shall be written as the assessment was conducted.

B. The assessment land in the instant case was destroyed due to the disaster of 625, and the cadastral records, such as the registry, were restored on August 1, 1961, and was partitioned into D or E land as indicated in the separate sheet, and was finally divided into six parcels of land listed in the separate sheet (hereinafter “instant land”) and finally divided into six parcels of land listed in the separate sheet (the details of land category change are the same as indicated in the separate sheet of real estate), and each registration of preservation was completed in the Defendant’s name, such as the entries in the purport of the claim.

C. On February 22, 1926, the plaintiffs' prior owner of the F, who died and succeeded to the property of the Republic of Korea as the family heir. As the above G died on October 7, 1952, H inherited the property as the family heir. On May 6, 1977, H inherited the property as the family heir. On the death of H on May 6, 197, H inherited the property as the head of the land and the family heir, the 6/12 shares, the J, K, L, and M, each of whom were married, the 1/12 shares, the 12 shares, the 1/12 shares, the 12 shares, and the 12 shares, each of which were married to the same family heir.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, and 12 (including the base number), the fact-finding results of the court's fact-finding on the so-called market by the court of first instance, the fact-finding results on the Director of the National Archives of the Party, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s land subject to the instant assessment was assessed against the Plaintiff, but the Defendant completed the registration of preservation of ownership without any title as stated in each of the instant lands, and thus, the Plaintiff, a F’s heir, sought cancellation of each of the above acts of preservation of ownership, as an act of preservation of jointly owned property.

B. Defendant 1’s land of this case

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