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(영문) 서울중앙지방법원 2019.11.15 2019가단5076852
소유권말소등기
Text

1. All of the plaintiffs' actions concerning the main and ancillary claims regarding real estate listed in the separate sheet No. 1 of the plaintiffs.

Reasons

The Plaintiffs, among the real estate listed in paragraph (1) of the attached Table 1 of the Plaintiffs’ Schedule, seek the cancellation of registration of preservation of ownership in the Defendant’s name, and the confirmation that the land owned by C, which is the former parcel number before the merger, is owned by the Plaintiffs, is the part corresponding to the size of 43 square meters (hereinafter “C land”), which is the part corresponding to the size of 1,2, 3, 4, 5, 6, and 1 of the attached Form 1, which is the part corresponding to the size of 43 square meters (hereinafter “C land”), of the real estate listed in paragraph (1) of the attached Table 1 (hereinafter “D land”).

In order to cancel the registration of the previous part of land which has been extinguished due to the annexation of land, the previous part of the land among the land after annexation shall be specified and the registration of the said part shall be cancelled. Meanwhile, in order to register one parcel of land by dividing it into two or more parcels of land after annexation, the cadastral surveying shall be conducted by the competent authority in the cadastral record first, and accordingly the parcel number, land category, boundary or coordinates and area shall be determined and the registration shall be made in the cadastral record. Therefore, if it is impossible for the competent authority to implement these procedures due to the list attached to the judgment, as a list attached to the judgment, if it is impossible to distinguish each parcel of land by the former parcel number, the former parcel number shall not be indicated and registered unless there is a confirmation procedure, such as the parcel number and cadastral record by the competent authority.

(see, e.g., Supreme Court Decisions 83Meu1135, 1136, Mar. 27, 1984; 97Da2993, Jun. 24, 1997). Land not registered in the cadastral record is a non-existent or non-specific land, barring any special circumstance, and thus, a claim for cancellation of registration, etc. cannot be specified.

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