소유권보존등기말소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The scope of the trial in this Court requested against the defendant the cancellation of each of the above lands registered in the name of the defendant with respect to each of the lands listed in the separate sheet, and the court of first instance accepted the claim only against the land listed in Paragraph 2 of the separate sheet (hereinafter “instant land”). Since the defendant appealed only against this, the scope of the trial in this Court is limited to the plaintiff’s claim for the instant land.
2. Basic facts
A. On October 1, 1913, the Gyeonggi Yang-gun Group H 798 (hereinafter “instant land before the instant subdivision”) was assessed against the J (J) with the domicile in the said I on October 1, 1913.
B. Other official cadastral records such as land cadastre were destroyed prior to the instant partition, and cadastral records were restored on March 20, 1961, and cadastral records were restored on March 20, 1961, and were restored to the original land at 610 square meters prior to the said M and 188 square meters, respectively.
The time when the land prior to the instant subdivision was divided into the 610 square meters prior to the said M and the 188 square meters, cannot be known on the record.
C. On December 30, 1997, the 610 square meters and the 188 square meters of the above M were registered as the area converted into the area of 2017 square meters and the 621 square meters of the above MM prior to December 30, 1997, and the administrative district was changed on April 1, 1980. As such, the 201 square meters prior to the Gu Government-si and the pertinent land became the land.
As to the land of this case, the Defendant completed the registration of preservation of ownership (hereinafter “registration of preservation of this case”) in its name by the Government Registry of the District Court in the District Court No. 38242, Oct. 27, 1992.
E. As the conciliation division of the plaintiff and the designated parties (hereinafter "the plaintiff et al."), the plaintiff et al. died on February 24, 1954 and P, his children, became the inheritor of Australia. The above P died on June 29, 1980 and became co-inheritors by the plaintiff et al.
(Inheritance Shares: Plaintiffs 6/20, Selection B, C, 4/20, Selection E, 1/20 respectively. [Based on Recognition] did not dispute, Gap evidence 1, 2-2, Gap evidence 3-2, Gap evidence 4-1 through 3, Gap evidence 4-5, and Eul evidence 3-4.