소유권보존등기말소 및 소유권확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 4, 7, 8, 11, and 12 (including paper numbers; hereinafter the same shall apply) and the whole purport of the pleadings:
On October 18, 1975, the deceased H (the deceased on April 2, 1982) completed the registration of preservation of ownership (hereinafter “registration of preservation of ownership”) on October 18, 1975 with respect to the land of 13100 square meters wide (hereinafter “the land before the instant subdivision”) located in the Chuncheon District Court as the receipt No. 6352 on October 18, 1975, which was located in the Seocho-gun District Court. The said land was later divided into 1292 square meters in Gangwon-gun G forest land (hereinafter “instant land”) and 12992 square meters in Gangwon-gun, Seoyangyang-gun, Yangyang-gun, Yangyang-gun, and the said I road was completed the registration of ownership transfer in the name of the State (State) on October 18, 1975.
B. The Plaintiff and the network H are children of the deceased J (Death of July 16, 1970) and the network K (Death of December 4, 1974). Defendant B is the wife of the network H and the remainder of the Defendants except Defendant B are the children of the network H.
C. The Defendants completed the registration of ownership transfer on September 26, 2008, which was subsequent to the death of the deceased H, due to inheritance.
A. The gist of the Plaintiff’s cause of claim 1) The land before the division was originally unregistered as the ownership of the deceased J. The deceased on July 16, 1970 and died on December 4, 1974, and the deceased on the deceased on December 4, 1974, and the cause of the registration of preservation of the instant land is null and void as it completed the registration of preservation of the instant land by forging documents without regard to punishment by the deceased H. The Plaintiff, the heir of the deceased J. seek cancellation of the registration of preservation of the instant land, which was completed in the name of the deceased H as the preservation act. In addition, the Plaintiff, the heir of the deceased J, was managing the instant land while occupying and using the instant land for about 44 years from July 16, 1970 to the date of death of the deceased J., so the Plaintiff acquired the instant land by prescription.
Therefore, the Plaintiff is the owner of the instant land, and the Defendants are obligated to cancel the preservation registration of the instant land.
B. First, determination 1: A, 5.