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(영문) 서울중앙지방법원 2021.02.17 2020가단5062125
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit shall be borne by the Plaintiff, including the part resulting from the participation.

Reasons

1. Basic facts

A. According to the Land Survey Division concerning the 1,584 square meters prior to the subdivision of Gwangju-gun, Gwangju-gun (hereinafter “the land prior to subdivision”), the said land is indicated as being under the circumstances of E having an address in the “Seoul-gun, Sung-gun, Sung-gun, Sung-tae (hereinafter “Seoul-gun”).

B. The land before subdivision was partitioned into 30 square meters on March 20, 1953 and 1,554 square meters on G, and the said FF road was later changed into 9 square meters on the Hanam-si B road (hereinafter “instant land”) following the change of administrative jurisdiction.

(c)

On September 4, 1992, the defendant completed the registration for the preservation of ownership on the land of this case.

(d)

The Ministry of Foreign Affairs H, along with I and J, had an address in the G of the G of the G of the G of the G of the G of the G.

H On January 20, 1946, he died of L, M and unmarried daughters, N and his wife, who are married daughters of the former wife, and O succeeded to Australia.

O deceased on September 15, 1969 and jointly succeeded to L, M, and N, and N died on October 30, 2017, and the plaintiff succeeded to its property.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 5 (including branch numbers), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, since the circumstance of the Plaintiff’s external assistance and the land in this case is identical to the Plaintiff’s external assistance and the name of Chinese and Chinese name, and the address of the nominal owner is also identical to “Seng-J, Nam-dong, Nam-dong, and the Plaintiff’s external assistance division H acquired the instant land at the time upon consideration.

A person can be determined, and the plaintiff jointly inherited the above land.

Therefore, the registration of preservation of ownership in the name of the Defendant, which completed the instant land, has been destroyed, insofar as it is apparent that there is another nominal owner of the circumstances. Therefore, barring any special circumstance, the registration of preservation of ownership in the instant case ought to be cancelled as registration without cause, barring any special circumstance

3. Judgment on the defendant's assertion to acquire prescription

A. The defendant designated the land of this case as the Han River potential zone on December 12, 1978, and became nationalized pursuant to the former River Act, and the defendant.

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