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(영문) 의정부지방법원 2017.12.19 2017가단109298
소유권말소등기
Text

1. The defendant on October 6, 2004, with respect to the land size of 892 square meters prior to Gyeonggi-gun, Gyeonggi-do, Dongcheon District Court, Dongcheon-gun, 2004.

Reasons

1. Facts of recognition;

A. On July 10, 1923, the instant real estate was assessed as C on July 10, 1923, with the area of 892 square meters (hereinafter “instant real estate”).

B. On October 6, 2004, the Defendant completed the registration of initial ownership (hereinafter “registration of initial ownership”) under Article 17873, which received on the same day from the Jung-gu District Court’s annual registry office.

C. On January 11, 1927, C, the Plaintiff’s fleet, died on January 11, 1927, and C, upon the death of D on April 10, 200, C, the Plaintiff’s father, E, F, and G jointly inherited the Plaintiff’s property. However, F died on July 24, 2006, and 7 children jointly inherited the property. E died on February 23, 2014, and 3 siblings, including the Plaintiff, jointly inherited the property.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 4 through 7, purport of the whole pleadings

2. Determination as to the cause of claim and the defendant's assertion

A. Determination as to the cause of the claim 1) The following circumstances acknowledged by comprehensively taking into account the Plaintiff’s prior selection and the identity of the title holder of the real estate of this case as well as the overall purport of the entries and arguments in Gap’s evidence Nos. 1 through 13, namely, the following circumstances: ① the title holder of the real estate of this case and the Plaintiff’s prior selection are identical to C; ② the address of C, the title holder of the forest survey in Gyeonggi-gun-gun-gun, and ② the address of C, the title holder of the land, is vacant; and ② the address of C, the title holder of the land in the forest survey report in Gyeonggi-gun-gun, is vacant. This is not in form 4 (Land Survey Division) 【The Guidelines at the time of preparation of the Land Survey Book at the time of preparation of the Land Survey Book at the time when the address of the land and the domicile of the owner are identical, the address is omitted. The same shall also apply to the case where the Myeon-gun or Do does not enter the same name or Dong under Article 2(4).

“Determination...”

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