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(영문) 의정부지방법원 2014.10.07 2013가합72814
소유권이전등기말소등기 등
Text

1. The plaintiff's claim against the defendant is all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. A. C clan is a clan that is composed of D (10 years of age), and the defendant is a clan of the C clan that is composed of E (13 years of age), and the plaintiff is a clan of the defendant.

B. The instant land is the land that was assessed under the name of F, and F is the descendants of the Defendant clan.

Since June 30, 1953, the registration of recovery in the name of the defendant has been completed on the land of this case.

[Ground for Recognition: Unsatisfy Facts, Gap evidence 1 and 2 (including branch numbers, if any); hereinafter the same shall apply)

(ii) Eul evidence Nos. 1, 2, 7, 12, 20, and 21; the witness G testimony and the purport of the entire pleadings);

2. Judgment as to the main claim

A. (1) The Plaintiff’s assertion (1) is an individual’s property inherited by H from H to land owned by the Plaintiff, which is a 10th lineal descendant of H. As such, the Defendant is obligated to implement the procedure for registration of cancellation of ownership transfer under the name of the Defendant, which was completed with respect to the instant land.

(2) The Defendant’s assertion is the land owned by the Defendant under the name of Defendant F, a member of the clan, and thus cannot respond to the Plaintiff’s claim.

B. We examine the facts of the instant land. The following facts were revealed: (a) a person under the Decree on Land Survey (Ordinance No. 2, Aug. 13, 1912) or the Decree on Land and Forest Survey (Ordinance No. 5, May 1, 1918) acquired the ownership of the assessment land on a conclusive basis; and (b) the conflicting previous rights are all extinguished (see Supreme Court Decision 91Da27037, Dec. 22, 1992); (c) there is insufficient evidence to acknowledge that the instant land was a land inherited in succession from H to its lineal descendants; and (d) there is no other evidence to acknowledge otherwise.

Therefore, the plaintiff's assertion is without merit.

3. Judgment on the conjunctive claim

A. (1) The Plaintiff’s assertion (1) the land of this case is an intention to own the land upon the inheritance of H’s lineal descendants.

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