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(영문) 서울중앙지방법원 2013.11.21 2013가단9237

소유권보존등기말소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

(a) In the Land Survey Division prepared during the Japanese Occupation Period, D with the domicile of 1,109 square meters in the same Gun C in the area of 3 years (3 years, 1914) ;

3.10. It shall be written as being examined; and

B. The 1,109 square meters prior to the Gyeonggi Macheon-gun B became 3,66 square meters prior to B (hereinafter “instant land”) through the change of administrative district and the conversion of the area.

C. On October 18, 1995, the defendant completed registration of preservation of ownership of the land of this case. D.

On April 17, 1947, the Plaintiff’s prior network D, the domicile of which is Gyeonggi Ma, Seocheon-gun, was deceased on April 17, 1947, and the deceased on February 16, 1962, and the deceased on February 16, 1962, there are the deceased on February 16, 196, and the deceased on the part of the deceased on the part of the deceased on the part of head G,

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including paper numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the land of this case was inherited by the Plaintiff following the Plaintiff’s prior approval D, and thus, the Defendant’s above registration of preservation of ownership was null and void. Therefore, the Defendant is obliged to implement the procedure for registration of cancellation of registration of preservation of ownership of this case’s land.

B. In the land survey project conducted under the Decree on Land Survey during the Japanese Occupation Period, a person who was assessed as a landowner shall acquire the ownership of the land in question from an original and creative perspective, and the circumstances address the starting point of the land ownership relationship.

In addition, despite the probability that there have been a significant cause of change in transaction or other legal relations with respect to land for a long period of time from the land situation to the year of 100 years, the former part of our society, and other significant social and economic changes, or the trend of use of land, etc., the descendants of the person under the circumstance can easily prove the acquisition by succession of the land ownership, which had the person under the circumstances, based on the comprehensive cause of succession to the right of inheritance.

These circumstances, etc.