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(영문) 대전지방법원 2019.06.20 2018가단213801
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Each land listed in the list of annexed land list No. 1 (hereinafter referred to as "land No. 1 to No. 3 of this case" according to the sequence of the plaintiff's assertion was assessed against D, which is the fleet of the plaintiff, during the Japanese occupation period. The registration of preservation of ownership was completed on April 3, 1987 in the name of F residing in Siri-gun E on the ground that the cause of each land of this case cannot be identified, and the registration of ownership transfer was completed on October 10, 1953 on the same day.

The plaintiff's prior Do had already died in 1921 and had not resided in Si-Sung-gun G, but the defendant completed the registration of transfer of ownership in the name of the defendant because the defendant acquired each of the land of this case and completed the registration of transfer of ownership.

2. Determination

A. Under the relevant legal principles, a person, who was assessed as a landowner in a land survey project conducted under the Land Survey Order under a certain level, acquires the ownership of the land in question in a primary and creative manner, shall address the starting point of the land ownership relationship.

In addition, despite the probability that there have been a significant cause of change in transaction or other legal relations with respect to land for a long period of time from the land situation to the year of 100 years, the former part of our society, and other significant social and economic changes, or the trend of use of land, etc., the descendants of the person under the circumstance can easily prove the acquisition by succession of the land ownership, which had the person under the circumstances, based on the comprehensive cause of succession to the right of inheritance.

Considering these circumstances, in a case where a person asserts that his/her ownership was acquired by inheritance as a successor of the person under the circumstances, his/her identity and identity of the person under the circumstances should be strictly proved, so that the judge can have convictions in relation thereto, and it is also a circumstance to raise doubt as to this point.

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