소유권보존등기말소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. The plaintiff's assertion
A. Each land listed in the separate sheet 1 and the attached list 6 (hereinafter “instant land”) is the 3 years period for G, which is the plaintiffs’ prior to the Japanese colonial period.
3. Each of the circumstances was conducted on 15.1 and December 22, 44, 44, and the Plaintiff, the children of the Plaintiff A and B, the children of the Plaintiff, and the Plaintiff (litigants) inherited or inherited the instant land’s share by succession.
B. The Defendant, without title, completed each of the registrations stated in the purport of the claim as to the instant land, is obligated to implement the registration procedure for cancellation of each of the above registrations to the Plaintiffs, co-owners.
2. The fact that the person “J” is the real name of the land in this case is no dispute between the parties.
However, with respect to whether the above J is the same person as G who is the plaintiffs' prior owner, a person who is assessed as the owner of the land in the land survey project conducted under a certain order of the Land Survey under certain conditions acquires the ownership of the land in question in a primary and creative manner, and the situation deals with the starting point of the land ownership relationship.
In addition, despite the probability that there has been a lot of causes for change in the transaction of land and other legal relations for a long period of time near 100 years since the land assessment, the former part of our society, and other significant social and economic changes, or the trend of use of land, etc., the latter part of the situation may prove that the latter part of the land owner, who was the person under the control of the situation, can easily acquire the land ownership by succession, based on the comprehensive cause of succession to the right.
Considering these circumstances, in a case where a person asserts that he/she succeeded to ownership by inheritance as a successor of the person under the circumstances, his/her identity and identity of the person under the circumstances shall be strictly proved, and the judge shall be able to have convictions in such a case.