정비예정구역해제처분취소
1. All appeals filed by the Plaintiffs and the Plaintiff’s Intervenor are dismissed.
2. The portion resulting from the participation in the appeal costs.
1. The reasons why the court of first instance as to this case are stated are as follows: "The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter "the Urban Improvement Act")" in Part 2, Part 11 of the judgment of the first instance shall be as "Gu Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (the Act before wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter "the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents")"; "The Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter "the Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas")" in Part 5, Part 18 shall be as "the former Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (the Act before wholly amended by Presidential Decree No. 28628, Feb. 9, 2018; hereinafter "the Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas").
2. The addition;
A. The Plaintiff et al. asserts that, on October 24, 2016, Y did not constitute the owner of land, etc. on October 17, 2016, at the time of receipt of the request for cancellation of ownership, the request for cancellation under the name of Y is null and void.
An inheritor shall acquire ownership of the inherited property at the time the inheritance commences without registration (Article 187 of the Civil Act), and the effect of the agreement on division of inherited property shall take effect retroactively from the time the inheritance commences.
(see, e.g., Supreme Court Decision 95Da5425, Apr. 26, 1996). According to the evidence No. 16 and evidence No. 7 (including branch numbers), AR, the husband of Y, died on January 21, 1994; AS (TT before the name of the title), AU, AV, AV, and AW, the co-inheritors, as of October 13, 2016, agreed on division of inherited property with the content that “Seoul AX and AY” shall belong to Y. In light of the above legal principles, it is recognized that AR, the husband of Y, died on January 21, 1994.