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(영문) 서울중앙지방법원 2015.01.29 2013나64945
소유권보존등기말소등기
Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons why the court should explain this part of the judgment of the court of first instance are as follows. On the second part of the judgment of the court of first instance, the second part of the judgment "I, who is the plaintiff's fleet, died on or around 1881, shall be admitted as the reasons why the judgment of the court of first instance is relevant to the corresponding part of the judgment of the court of first instance, except that I is the plaintiff's fleet, and I is the plaintiff's fleet upon his death, and the J shall be admitted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The assertion and judgment

A. The gist of the plaintiffs' claim is that H, the title holder of the land of this case, died in 1941 and was alive at the time of the situation of the land of this case. Since H and I, the title holder of the above circumstances, are the same person, H and I, the prior owner of the plaintiffs, as long as I received the condition of the land of this case, the registration of preservation of ownership in the defendant's name as to the land of this case was destroyed by presumed ability and invalid cause. Thus, the defendant is obliged to implement the procedure for cancellation registration of registration of preservation of ownership in the defendant's name as to the land of this case to the plaintiffs, who are the

B. (1) A person who is assessed as a landowner in a land survey project conducted under the Land Survey Order at the Japanese occupation point shall be deemed as a landowner’s ownership in the land survey project, and the circumstances 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, the ownership of the property by inheritance as a successor of the title holder.

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