소유권보존등기말소 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On October 1, 1913, the land investigation division prepared by the Joseon General Government Division under the Joseon Land Investigation Ordinance enforced during the Japanese occupation period was registered as the situation that D (D and address were vacantly recorded) around 1,180 square meters (hereinafter “the land before the instant division”) was entered into the land investigation division prepared by the Joseon General Division under the Japanese Land Investigation Ordinance enforced during the Japanese occupation period.
B. Each of the instant lands prior to the instant partition became 704 square meters in Namyang-si, Namyang-si, through the division of land, the change of land category, the conversion of unit area, and the change of the name of administrative district, etc. (hereinafter “instant land”).
C. The Defendant completed the registration of the preservation of ownership in the name of the Defendant on March 30, 2007 by filing a public notice of non-owned real estate on June 1, 2006 with the Jung-gu District Court, Yangyang-ju registry office, which received on March 30, 2007.
[Ground of recognition] Evidence Nos. 1 through 3, Evidence Nos. 1 and 2, and the purport of the whole pleadings
2. The plaintiff's cause of claim and judgment on the cause of claim
A. The Plaintiff’s father, the Plaintiff’s father, purchased the instant land from the deceased on May 10, 1970, and occupied the instant land from that time, and thereafter died on February 8, 2012, the Plaintiff, the Plaintiff, H, and I inherited the deceased’s wife, and continue to occupy the instant land by succeeding the deceased’s property.
However, without any title, the Defendant completed the registration of preservation of ownership of the instant land in the purport of the claim. The Defendant, the heir of the deceased E, the owner of the instant land, must cancel the above registration of preservation of ownership. Even if the ownership of the deceased E is not recognized, the deceased E, after purchasing the instant land on May 10, 1970, occupied the instant land with the intent of ownership for at least 20 years and acquired the instant land by prescription on May 10, 190, as the deceased E, has the right to seek cancellation of registration of preservation of ownership of the instant land by subrogation of the former owner, and the Plaintiff, etc. succeeded to it.