logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.11.23 2017가단71612
소유권보존등기말소 청구
Text

1. On July 20, 2012, the Defendant rendered the Plaintiffs with respect to each parcel of land listed in the separate sheet.

Reasons

1. Basic facts

가. 일제 강점기에 작성된 토지조사부에는 수원군 E 답 3386평(이하 ‘사정 토지’라 한다)에 관하여 1910. 9. 30. 경성부 서부 F(京城府 西部 F)에 주소를 둔 G이 사정받은 것으로 기재되어 있다.

Since the Howon-gun of Gyeonggi-do H, the name of the administrative district was changed to the I Dong-dong in Ansan-si.

B. The land cadastre of J 1438 square meters divided from the assessment land, K 449 square meters, L 904 square meters, which was completed since 1961. However, with respect to the land size of 1112 square meters in Ansan-si, the land cadastre was completed on July 22, 2008 and the land cadastre was divided into three square meters from the above land on March 25, 2010 and became N.

C. On July 20, 2012, the registration of ownership preservation of the Defendant’s name was completed on July 20, 2012 with respect to the size of 1112 square meters of the Gyeyang-gu M road in Ansan-si, Ansan-si, and the registration of ownership preservation was divided on March 26, 2013 from the above land.

(hereinafter referred to as “each of the instant lands”) D.

The plaintiffs' prior O resided in the family registry P, and died on March 19, 1937, and Q Q succeeded to his/her property. Q died on February 15, 1958 and succeeded to his/her property to Q. On June 26, 1990, R died on June 26, 1990, the plaintiffs who were wife and their children jointly succeeded to their property, but S died on August 30, 204, and the plaintiffs jointly succeeded to their property.

[Reasons for Recognition] The entry of Gap 1 to 4, and 6, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs asserted that each of the lands of this case is divided from the situation land which the plaintiff's prior owner acquired in order and owned by the plaintiffs as the land divided from the situation land which the plaintiff's prior owner acquired in order, and each of the registration of preservation of ownership of this case under the name of the defendant is invalid because the presumption power is broken. Thus, the plaintiffs are obligated to cancel each of the registration of preservation of this case.

In regard to this, the defendant shall have the title of each land of this case and the plaintiffs.

arrow