소유권보존등기말소등기절차이행
1. Revocation of a judgment of the first instance;
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On June 14, 1912, the land of this case (hereinafter “instant land”) was assessed as M&A owner at the time of the land survey project conducted in the Japanese colonial era in Echeon-si (hereinafter “instant land”).
B. M died on January 4, 1962.
M had several lineal descendants, such as N, P, Q, R, and S. Among them, the N, Q, and R died in preference to M, and the heir, including N, and the heir and the heir, jointly inherited the network M's property.
C. N, one of the co-inheritorss of the network M, died on October 15, 1983, and the spouse of L and B, C, D, E, F, G, H, I, etc. jointly inherited the network N’s property.
L died on April 10, 2009, and in combination, B, C, D, E, F, G, H, and I jointly inherited the network's property.
E. As to the land of this case, the Suwon District Court Leecheon-si Office of 1996 received on February 9, 1996, the registration of preservation of ownership in the name of the defendant (hereinafter “registration of preservation of ownership of this case”) was completed. At present, the shares of 1,341,96, 996, 182, 760/3, 668, 316, 061,410 among the land of this case remains in the name of the defendant.
[Ground of recognition] Evidence Nos. 3-1, 2, Gap evidence Nos. 5, Gap evidence Nos. 6-1, 2, Eul evidence Nos. 16 and 18, and the purport of the whole pleadings
2. The parties' assertion and judgment
A. The Plaintiff’s assertion 1) The land of this case was initially acquired by N during the Japanese colonial era, and acquired its ownership. As such, the registration of preservation of ownership in the name of the Defendant was invalid. 2) The N, one of the co-inheritors of M, died, and his lineal descendants renounced inheritance around January 14, 1984, L, the N’s spouse of N, solely inherited N’s inheritance shares, etc. among the land of this case.
L, around July 21, 2002, transferred N’s inheritance share of all land owned by M, including the instant land, to the Plaintiff. On March 23, 2005, L transferred to the Plaintiff all the rights concerning N’s share of land inherited.