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(영문) 수원지방법원 2019.01.10 2018나56909
소유권보존등기말소청구 등
Text

1. The plaintiff's appeal and the claims added by this court are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. The reasons why the court should explain this part of the facts of recognition are as follows: “registration of ownership preservation” under Section 4 of the judgment of the court of first instance shall be read as “registration of ownership preservation”; “Defendant” under Sections 10, 14, 16, 17, 18, and 19 as “the network”; and “Defendant” under Sections 1 and 2 shall be cited as the corresponding part of the reasoning of the judgment of first instance, except for the addition of the following between the first and second instances, and therefore, it shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure

A person shall be appointed.

F. During the instant lawsuit, the deceased B died on April 21, 2017, and the deceased on March 1, 2018, and the deceased A died on March 1, 2018. As the deceased’s heir or substitute heir, Defendant N,O, P, who is the spouse and children of the deceased, Defendant M, Q and children network R (Death around 1998). The deceased’s heir and children are Defendant K and the deceased’s spouse.

A person shall be appointed.

2. The plaintiff's assertion

A. The land of this case, which was mainly asserted, is located within the I reservoir established in accordance with the project for the establishment of the small field area in accordance with the second emergency water source expansion facilities implemented by the Joseon General Co., Ltd. around 1943, Korea acquired the ownership of the land of this case, and thereafter the Plaintiff comprehensively succeeded to the ownership in accordance with the former Agricultural Community Modernization Promotion Act, etc. enacted and implemented on January 12, 1970.

On the other hand, it cannot be readily concluded that the deceased B is the descendants of D, the assessment title of the land in this case, and the lines of the deceased B, at the time of the enforcement of the former Farmland Reform Act in 1949, did not go against the land in this case and could not acquire the ownership of the land in this case. Therefore, registration of preservation of ownership of the deceased B’s land in this case and registration of transfer of ownership of the deceased A, which was made based thereon, shall be null

Therefore, Defendant K, the heir of the deceased A, and L are obligated to implement the registration procedure for transfer of ownership based on the restoration of real name with respect to their inheritance shares.

B. Preliminary assertion, even if the network B is the owner of the land in this case, H land improvement limit.

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