소유권보존등기말소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
(a) Gyeonggi-gun Group B (136) and C (431) are the land where E residing in Gwangju-gun was assessed on March 10, 1914.
B. On February 26, 1915, the Gyeonggi-gun D and F integrated administrative district into G on February 26, 1915. Each land subject to the foregoing circumstances became B-si 450 square meters in Gwangju-si and C-1425 square meters in total (hereinafter “each land of this case”) due to the change of land category, the registration of conversion into the area, and the change of the name of administrative district thereafter.
C. On April 14, 1995, the Defendant completed each registration of preservation of ownership (hereinafter “registration of preservation of this case”) completed in accordance with Article 1449 for each of the instant land, which was completed by the Sungwon District Court, Sungnam-nam Branch of Gwangju District Court (hereinafter “Seoul District Court”).
On the other hand, as a student in 187, the Plaintiff’s father-E was living in the Gyeonggi-si H, Gwangju-si, and became the head of Australia on April 11, 1917. After that, on November 25, 1968, the Plaintiff died on November 25, 1968 after the Plaintiff, who is the wife of E, jointly succeeded to the Plaintiff’s property and died on November 26, 1968.
[Ground of recognition] Facts without dispute, Gap 1 to Gap 5-2, the purport of the whole pleadings
2. Determination on the cause of the claim
A. The Plaintiff’s assertion E received the assessment of each of the instant lands from the Plaintiff, and the Plaintiff succeeded to it, so each of the instant preservation registrations in the name of the Defendant should be cancelled as the cause invalidation.
B. In the land survey project conducted under the Decree on Land Survey during the Japanese Occupation Period, a person who was assessed as a landowner is an original and creative acquisition of the ownership of the land in question, and the situation deals with the starting point of the land ownership relationship.
In addition, even though there is a possibility that there has been a significant cause of change in the transaction or other legal relations with respect to land for a long time from the land situation to the year of 100, there have been a lot of causes of change in the transaction or other legal relations with respect to land, and there have been any significant social and economic change or trend of use, etc.