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(영문) 서울중앙지방법원 2019.04.24 2018가단5041286
소유권보존등기말소
Text

1. The plaintiff's claim against the defendant is dismissed.

2. The defendant shall enter the separate party intervenor in the annexed list.

Reasons

Basic Facts

The land research division made under the Japanese occupation of GJ in Gyeonggi-do was incorporated into Gangdong-gu Seoul in accordance with Law No. 1172 in 1963, and the FJ changed the legal name into GJ on January 1, 2007.

Gdong is not classified below and called G Dong.

The foregoing 2,512 square meters (hereinafter referred to as “land prior to subdivision”) is indicated as being examined.

The above land before subdivision was already divided into the Japanese colonial era, and both the land cadastre and the register were destroyed due to the column of 6.25, and on March 20, 1953, the entire land cadastre and the register were destroyed. On March 20, 1953, the land before subdivision was divided into 2,512: (a) the total sum of the five parcels of the JJ land 1,434 square meters; (b) the Jung-gu Seoul Metropolitan Government H 1,434 square meters; (c) the Jung-gu 202 square meters; and (d) the JJ 402 square meters (hereinafter “instant land”).

On January 11, 1994, the defendant announced non-owned real estate of this case, and on September 3, 1994, the Seoul Eastern District Court received registration No. 101240 on September 3, 1994.

(hereinafter “instant registration of initial ownership”). The Gyeonggi-do Ma succeeds to N on January 3, 1914 and died on June 20, 1919, and as the death of the Republic of Korea on June 20, 1919, bothO succeeded to N solely. As such, on September 8, 1953, he/she succeeded to N solely by his/her head South-Nam P on his/her own and died on April 9, 2005, and jointly succeeded to 4 South-North women including the Plaintiff, etc., who were his/her own food.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 7, 9 through 14 (including the number of branch numbers; hereinafter the same shall apply), and the plaintiff's assertion of the purport of the whole pleadings is the land under the circumstances of Gap who is the plaintiff's fleet C, and the defendant made registration of preservation of ownership of this case without title, and such registration is invalid.

The plaintiff is a co-owner's act of preservation and seek the cancellation of registration of preservation of ownership of this case.

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