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(영문) 서울중앙지방법원 2015.01.14 2014가단5187924
소유권말소등기
Text

1. The defendant received on February 4, 2005 from the plaintiff as to each land listed in the separate sheet from Suwon District Court.

Reasons

1. Facts of recognition;

A. Land assessment and division 1) In the land survey division of E-Sa-gun B, D with the address in E-Sa-gun C on February 8, 1912 (Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Y

ii) E was divided into F, G, and subsequent G was subdivided into G, H, and I, and H was further subdivided into H and J.

(Finally divided H and J are land listed in the separate sheet; hereinafter referred to as “instant land”). (b)

1) On April 17, 1926, D, the permanent domicile of which was established in Jongno-gu Seoul Metropolitan Government K, died on April 17, 1926, and M, which was adopted on March 10, 1924, succeeded to D alone as the ex post facto adoption of D, and on March 11, 1924, M died on March 11, 1966, and N and his wife jointly succeeded to M’s property. The Plaintiff succeeded to M’s O as the children of GO, the son of M.

3) On November 15, 1915, the Plaintiff’s multiple copies of the Plaintiff’s line D, indicated that D moved from P to G to G to G to G to Jungsung. P is currently the name of Jung-gu, Seoul, and R as of Apr. 1, 1911, as the name of Jung-gu, Kim Sung-sung, as of Mar. 1, 1914, as Sung-sung, as of Mar. 1, 1914, and as of Apr. 1, 1914, the name of the administrative district was changed to P to P as of Apr. 1, 1914. The Defendant completed the registration of preservation of ownership on the instant land on Feb. 4, 2005 (hereinafter “instant ownership preservation registration”).

(i) [In the absence of dispute over the basis of recognition, entry of Gap-1 to 17 evidence, the purport of the whole pleadings.]

2. Determination as to the cause of action

A. As shown in the above facts of recognition, it is reasonable to see D and Plaintiff’s fleet D as the same person in full view of the following: (a) the name of the circumstance titleholder D and Plaintiff’s Chinese name is identical; and (b) the Plaintiff’s fleet D were residing in G, the address of the situation titleholder at the time of the land situation prior to the division; and (c) there is no evidence to deem that there was a Dong name in the above region.

Therefore, the plaintiff.

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