소유권말소등기
1. The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. The plaintiffs' assertionO acquired each of the instant real estate from the Republic of Korea on March 16, 1926, and owned and managed it in an unregistered state.
O The deceased on July 19, 1960, and his heir had R, children, S, T, U, G, and V, who are the spouse of P and Q Q.
Plaintiff
A, B, and C are four South U children of theO, and the plaintiffs D, E, and F are three South children of theO.
Plaintiff
G is five South of theO.
The Defendants are the R’s children, WW’s inheritors, who are the R’s children.
R has acquired each of the instant real estate in his own name after changing the owner of a false guarantee certificate and a certificate based thereon using the Act on Special Measures for the Transfer of Real Estate Ownership as if the inheritance registration under the name of co-inheritors was not completed solely, even though the fact that the real estate was not acquired independently, and completed the preservation of ownership in his own name.
With respect to each real estate of this case, registration for preservation of R's ownership shall be cancelled because the remaining 16/22 shares, excluding 6/22 shares in his/her inheritance shares, are registration for invalidation of cause.
The defendants who have succeeded to R's shares are obligated to implement the registration procedure for cancellation of registration of cancellation of ownership preservation with respect to each plaintiffs' shares listed in attached Form 9's inheritance shares.
2. In light of the purport of the entire pleadings in the statement No. 9, it is reasonable to deem that theO died on October 23, 1955 and the certified transcript was corrected. In light of these facts, it is reasonable to deem that theO died on October 23, 1955.
According to the customary law prior to the enforcement of the Civil Code, the family heir independently succeeds to the property, and if he/she has a child of the deceased head of the family, he/she will succeed to the property on behalf
Therefore, as the O died before the enforcement of the Civil Code, and Q, the south of theO, has already died before the death of theO, R, Q, the south of Q, succeeds to succession.