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(영문) 서울중앙지방법원 2016.11.09 2016가단5148237
소유권이전등기
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

The plaintiffs asserted that the plaintiff, the first parcel of the land in this case was the land listed in paragraph (1) of the attached Table 1, and the second parcel of the land in the attached Table 2 and paragraph (3) of the attached Table 1, following the reorganization of administrative district and replotting. The plaintiffs acquired each parcel of land listed in the attached Table 1 in the attached Table 2 and paragraph (3) of the attached Table 1 by succession to K in succession, according to the shares in the attached Table 1, and the registration of ownership transfer was completed in the defendant's future on each parcel of land listed in the attached Table 1's list of real estate. The plaintiffs asserted that the registration of ownership transfer was completed in the defendant's future on each parcel of land listed in the attached Table 1's list of real estate.

In determining whether the plaintiffs K received the assessment of the land in this case, a person, who is in a land survey project conducted under the order of land investigation under a certain point under the relevant legal principles, is deemed to acquire the ownership of the land in question in a primary and creative manner, and such circumstance deals with the starting point of the land ownership relationship.

However, notwithstanding the probability that there has been a lot of causes for change in the transaction of land and other legal relations for a long period of time near 100 years since the land situation, the former part of our society, and other significant social and economic changes, or the trend of use of land, etc., the latter part of the situation may be easily proven that the latter part of the land owner, who had the name of the situation, was able to acquire the ownership by succession, based on the comprehensive cause of succession to the right.

Considering these circumstances, in a case where a person asserts that he/she succeeded to ownership by inheritance as a successor of the title holder of assessment, his/her identity and the identity of his/her title holder is strictly proved and judge is strictly proven.

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