소유권보존등기말소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. A. The Gyeonggi Yang-gun, which was drafted during the Japanese colonial occupation period, was a member of the Gyeonggi Yang-gun’s original aptitude realization or aptitude group, and immediately after the investigation into the land during the Japanese colonial occupation, the administrative district was changed to the Dongcheon-gun at the time of the reorganization of the administrative district, and the final change seems to have been made
H In the Land Survey Division, it is written that D is the owner who was subject to the assessment on September 10, 1913, with respect to approximately 1,546 square meters (hereinafter “instant assessment land”).
(However, the address of the person in charge of assessment is not written). (b)
After that, the land of this case was divided into 826 square meters and L 720 square meters prior to the Gyeonggi-gun group, and each of its official cadastral records was destroyed due to the Korean War on February 12, 1958, and the land category was changed to each river on October 30, 1967. As a result, the land category was changed to each river on October 30, 1967, each of the real estate listed in the separate sheet (hereinafter “each of the instant land”) as a result of the conversion of the area and the change of administrative district name. After the division of the instant land, each of the instant land was divided into two parcels, regardless of the time.
C. Meanwhile, in the former land cadastre prepared at the time of the above cadastral recovery, the owner of each of the lands of this case was entered into the J with the domicile in Jongno-gu, and the land cadastre drawn up on December 30, 197, which was after the amendment of the Cadastral Act, was entered into the land cadastre as the owner's non-re-re-re-re-re-re-delivery and registered on April 13, 190 as the owner.
After that, on July 25, 1996, the defendant completed the registration of preservation of ownership (hereinafter referred to as the "registration of preservation of ownership of this case") stated in the purport of the claim regarding each of the land of this case.
E. Meanwhile, the plaintiff is the head of E (E, the birth in 1873, the death on April 23, 1945), the South-North M (N birth, the death on April 15, 1964) of E (E, the birth in 1873, the death on April 23, 194), and his permanent domicile is F in both countries.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, and 3 evidence 1, 2, 3, Gap evidence 4, and 5 respectively, and the whole pleadings.