소유권말소등기
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
(a) 44 years (1 year 191) between B and B, in case of a land survey division drawn up during the Japanese occupation point period;
8. At the time of 20.20, Gyeonggi-do, Gwangju-gun, the entire 1,070 square meters (hereinafter “instant assessment land”) was indicated as being evaluated, and the address of the person under whose name the assessment was recorded is the official column.
B. On December 17, 1957, the assessment land of this case was divided into the above D’s 70 E’s and above F’s land, and thereafter, the said D’s 70’s 70’s 70’s 70’s 70’s 70’s 70’s 70’s 70’s 70’s 70’s 70’s 70’s 195’s 195’s 31, 195.
C. Meanwhile, the Plaintiff’s prior owner G is the Plaintiff’s permanent domicile on a certified copy of the register of removal H in Gyeonggi-do, and G is fire 15 years (1940)
7. Following the death of 14.14. The two-party I succeeded to the property of G, and the I died on May 14, 1974, the spouse and children succeeded to the property. The plaintiff is one of the co-inheritors with I's children.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, 9 (including virtual number), the purport of the whole pleadings
2. Determination
A. The summary of the party's assertion 1) Since Eul, the title holder of the circumstances prior to the plaintiff, and G, the plaintiff, the title holder of the plaintiff, are the same person, the plaintiff jointly succeeded to the land of this case divided from the land of this case. Accordingly, as seen earlier, the registration of preservation of ownership in the defendant's name, which was completed with respect to the land of this case, should be cancelled with the registration of nullity of cause. As such, the plaintiff, as an act of preservation of joint ownership, shall seek cancellation of the above registration of preservation of ownership. Thus, it is difficult to view that the land of this case was divided from the land of this case, and the identity between the title holder of the situation and the plaintiff is not recognized. < Amended by Presidential Decree No. 20600, Mar. 1, 2008>