소유권보존등기말소등기절차이행청구 등
1. The part of each claim for subdivision of land in the instant lawsuit shall be dismissed, respectively.
2. The plaintiff's remaining primary claims and the plaintiff's main claims.
1. Basic facts
A. On October 1, 1913, the Land Survey Division drafted in the Japanese colonial Period stated that around 3,458, Gju-gun, Gju-gun, Gwangju-gun, Gju-si, B B, 3,458 square meters (i.e., the administrative district and change of name; hereinafter “instant assessment land”), E, the Plaintiff’s increased portion of the land residing in the Sungsung-dong Department, who had been living in the Sungsung-dong Department (hereinafter “the instant assessment land”).
B. On April 15, 1965, the Defendant completed the registration of preservation of ownership in the name of the Defendant as Seoul East Eastern District Court (Seoul Eastern District Court Decision 7158, April 15, 1965) received on the land of this case.
C. After that, the instant assessment land was divided into the instant land and the instant land No. 2 on March 5, 1975. On March 31, 1978, the instant assessment land was combined with the instant land No. 185 square meters on March 31, 1978, and finally became Seoul Songpa-gu 19,02 square meters.
On the other hand, upon the death of August 11, 1922, E succeeded to E independently, and upon the death of H on May 16, 1940, H succeeded to H independently, H I succeeded to H, and I died on May 10, 1953.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 9 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The parties' assertion
A. The purport of the Plaintiff’s assertion is that E, the Plaintiff’s increased portion of land, acquired the ownership in the original condition, and thereafter, the Plaintiff lawfully inherited the land through the inheritance process. However, the Defendant made a registration of preservation of ownership on the said land without any title.
Therefore, since the above registration of ownership preservation is null and void, ① the land of this case is divided out of 19,022 square meters in Songpa-gu Seoul, Songpa-gu, Seoul, as stated in the purport of the claim, and the procedure for the registration of ownership transfer based on the restoration of real name is to be implemented against the Plaintiff regarding the land of this case Nos. 1 and 2.