소유권보존등기말소등기절차이행청구 등
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts were determined on October 1, 1913 by the Plaintiff’s increased portion E (hereinafter “instant assessment land”) and around 3,458 G-gun of Gyeonggi-gu (hereinafter “Seoul Songpa-gu 3,458 E”).
E Along with the death of August 11, 1922 of E, the head of E independently inherited the property, and the head of H died on May 16, 1940, the head of H independently inherited the property, and the I died on May 10, 1953, the Plaintiff solely inherited the property.
On April 15, 1965, the Defendant completed the registration of the preservation of ownership in the name of the Defendant (hereinafter “registration of the preservation of ownership”) by the Seoul East Eastern District Court No. 7158 received on April 15, 1965, as to the land of this case.
After that, the instant assessment land was divided into the instant land on March 5, 1975, and on March 31, 1978, the said land was combined with the said land on March 1, 1978, with the land of Songpa-gu Seoul 185 square meters and G field 7,607 square meters, and finally became 19,02 square meters in Songpa-gu Seoul.
[Ground of recognition] No dispute, entry of Gap evidence Nos. 1 through 9 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The main claim and the ancillary claim shall be considered together; and
A. The plaintiff asserts that the plaintiff is obligated to perform the procedure for the registration of cancellation of the ownership preservation registration of this case, primarily, on the land of this case, since he succeeded to the ownership of this case by succession after his original acquisition of ownership after his original acquisition of the land under the circumstances of this case, and since the registration of preservation of ownership of this case has been completed without any legal ground. Thus, the plaintiff asserts that the defendant is obligated to perform the procedure for the registration of cancellation of ownership preservation of this case, primarily, on the land of this case.
In this regard, the defendant purchased the land of this case in Japan and used it as a shooting practice site, and the land of this case after the release of the sea is the defendant via the U.S. military administration.