소유권말소등기
All of the Plaintiff’s claims are dismissed.
Litigation costs shall be borne by the plaintiff.
1.The following facts of recognition do not conflict between the parties, or may be admitted by each entry in Gap evidence (including branch numbers) of Nos. 1 to 3 and 6 to 7:
A. The instant land (the land survey division is marked as “1,083 square meters” before the unit conversion) was assessed on October 5, 191 by I around two years (2 years 1913).
B. The I died on January 20, 1924, and the J, his own child, inherited his or her own property with the family inheritance, and upon the death of the J on March 7, 1932, K, his or her child, inherited his or her own property with the family inheritance.
When K died on February 23, 1962, M, N,O, P, and Q, which are his wife L and children, jointly succeeded to their properties.
Lon August 24, 1985, his inheritance share in the land of this case was jointly inherited to the above M, N,O, P, Q and the plaintiff (the plaintiff on June 8, 1984) who was his child.
(c)
The Plaintiff and M, N,O, P, and Q consulted on the division of inherited property with respect to the instant land by way of the Plaintiff’s sole inheritance.
(d)
On September 22, 1987, on the instant land, the registration for the preservation of R’s ownership (hereinafter “the instant registration for the preservation of ownership”) was completed pursuant to the Act on Special Measures Concerning the Registration, Preservation, etc. of the Restoration of Unclaimed Land in the Residents’ Restoration Area (Act No. 3627, Dec. 31, 1982; Act No. 3627, Dec. 31, 1991; hereinafter “the Special Adjustment Act”).
E. R died on September 22, 2018, and the Defendants jointly inherited their property.
2. Since it is evident that the certificate of guarantee and the transaction agreement attached to the application form for the registration are false, the legal presumption of legitimacy is broken, and the land of this case is owned by the plaintiff who solely inherited the land as the subsequent hand of I, a person under the circumstances, as the owner of the land of this case.
3. Determination
(a) In the land for which the preservation of ownership, etc. has been made under the Special Assistance in the Water Welfare Zone Act, the person against whom the land has been assessed shall be considered to be separate;