소유권말소등기
1. Of F. F. 258 square meters, 1/19 shares in shares in shares of Plaintiff A, 6/19 shares in shares in shares of Plaintiff B, and 4/19 shares in shares of Plaintiff B, respectively.
1. Facts of recognition;
A. The “G” land of this case is the land partitioned from the Gyeonggi-gun FF road of Gyeonggi-gun (hereinafter “the instant land”) and the land category of which has been changed to a road due to the division from the 279 square meters to the road, stating that the “G” whose land investigation and supplementary address was installed at the time of the Japanese occupation of the Japanese occupation was in public space.
B. The instant land is unregistered, and its land cadastre is written as its owner has not been restored.
C. On May 8, 1918, J, the permanent domicile of which was established in “YYI,” died on and after May 8, 1918, and K, upon the death of June 2, 1973, K jointly succeeded to the Plaintiffs, who are children. The inheritance shares are the shares of Plaintiff A (a woman who does not have the same family register), Plaintiff B (C) 6/19, Plaintiff C (Nam), and E (Nam) 4/19, respectively.
[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2, Gap evidence 4, 5, Gap evidence 6-1, 2, Gap evidence 11-1 through 5, the purport of the whole pleadings
2. Determination as to the cause of action
A. In light of the following, it is reasonable to view the situation name of the instant land and the J, which is the evidence of the Plaintiffs, as Dongin.
Therefore, the plaintiffs, as the heir of J, acquired ownership as to each inheritance share listed in the order of this case among the real estate of this case.
In light of the fact that one’s name is the same as that of the assessment land in this case, but the address of the person under the assessment of the land in this case is not the same as that of the land in this case, and that Article 4(2) of the former Decree on Land Survey in force during the Japanese occupation (Ordinance No. 2 of August 13, 1912) provides that “Where the address of the owner is the same as that of the land, the address shall be omitted if the address of the owner is the same as that of the land, and the case where the area, the Gun, or the Do is the same as that of the land, this shall also apply mutatis mutandis.”