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(영문) 서울중앙지방법원 2016.04.06 2015가단129685
소유권확인의소 및 소유권보존등기말소청구
Text

1. Attached 1. The 9/16 shares of each real estate listed in the list are the Plaintiff A and 7/16 shares are the Plaintiff B's shares.

2...

Reasons

1. Determination as to the cause of claim

A. Each real estate listed in the separate sheet Nos. 1 and 2 of the facts of recognition (applicable: Gap 1 or 19; the purport of the entire pleadings) is as follows: (a) each real estate listed in the separate sheet Nos. 1 and 2 of the original C (E before death, 1946) was owned under the circumstances at the time of the land investigation project during the Japanese colonial occupation period; (b) the real estate was inherited in succession to the Defendants, who were descendants, through the deceased son-Nam (Death, May 10, 1951); (c) the deceased Bag G (Death, Oct. 7, 1987; 9/16; and (d) the inheritance shares of the plaintiff B were 7/16); and (e) the real estate listed in the separate sheet Nos. 1 and 2 list were as unregistered real estate; and (e) the real estate was recorded in the separate sheet No. 1 and No. 3193, May 19, 1995.

B. Determination 1) As indicated in [Attachment 1] List, each real estate Plaintiffs have the interest to seek confirmation of ownership for the registration of preservation of ownership of each of the above real estate, in the state of not being owned by the Plaintiffs against the Defendant. 2) If it is revealed that there is another person to whom the relevant land was assessed, the presumption of registration of preservation of ownership of each of the real estate listed in [Attachment 2] is broken, and unless a registered titleholder fails to specifically assert the fact of acquisition by succession, the registration is void

As long as it is proved that D, which is the evidence of the plaintiffs, obtained the above real estate, the registration of preservation of ownership in the defendant's name, which was completed with respect to each of the above real estate, is null and void, unless there is a proof of legitimate acquisition by succession.

The defendant is obligated to implement the procedure for cancellation of registration of cancellation of ownership preservation, which has been completed with respect to each of the above real estate by the deceased D's heir.

2. The judgment on the Defendant’s assertion is insufficient to prove the fact of acquisition by succession between the Plaintiffs and C, who are the names of the assessment parties.

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