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(영문) 서울중앙지방법원 2015.11.02 2014가단194705
소유권보존등기 말소등기
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is the Plaintiff-Counterclaim Defendant’s single-story housing of the Gyeongbuk-gun C’s ground light and the branch of the Gyeongbuk-gun’s ground.

Reasons

The main lawsuit of the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) and the counterclaim of the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) are also deemed to be satisfied.

1. Facts of recognition;

A. The deceased D (the life of 1918, the deceased on September 22, 197, and the deceased on September 24, 197) married with the deceased E (the life of 1919, the deceased on December 25, 2013) (the deceased on December 25, 2013) and left as a child during the marriage with the deceased E (the life of 1919, the deceased on December 25, 2013) and the defendant who is South son (the birth of 1944), his father F (the birth of 1939), G (1941, the deceased on September 1947), H (the death of 1948), I (the birth of 1949), and J (the birth of 1954).

B. The network D was a son, who is not the head of the network K, and was born in the Gyeongbuk-gun L, but it was divided on September 22, 194, and since around 1955, her wife and her children resided in the land specified in Paragraph 2 of the Disposition (hereinafter “instant land”).

However, on January 25, 1934, the registration of ownership preservation was completed in the name of the deceased K on January 25, 1934, and on November 20, 2006, the registration of ownership transfer was completed due to the donation on April 20, 1978, and thereafter on October 2, 2008, the registration of ownership transfer was completed in the future of the plaintiff on the same day.

C. The building indicated in paragraph (2) of the disposition of the instant land (hereinafter among them, 39.7 square meters of a wooden pole and a branch roof detached house are “the instant debt” and 16.5 square meters of a wooden roof and a branch roof detached house are “the instant love debt,” and the total of them is “the instant debt and love debt” around 1986, 1952, and the instant love debt was approved for use in 1957, and the Defendant acquired ownership in 1952, and was registered in the building ledger.

In relation to a building constructed before the enforcement of the Building Act, the public official in charge prepared a building ledger based on the details of property tax assessment. However, there are no evidence that the debt and patriotism in this case were registered as the defendant, and the plaintiff from 2007 to 2008 from E,209 to 2013.

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