Text
1. The plaintiff's appeal concerning each claim for cancellation of registration of initial ownership relating to each parcel of land listed in separate sheet 2 and 3 is filed.
Reasons
1. Basic facts
A. According to the Land Survey Division against the Gyeonggi-gun J of Gyeonggi-do, which was drafted during the Japanese Occupation Period (hereinafter “instant Land Survey Division”), the Plaintiff’s fleet B was in the same rank as the Plaintiff’s fleet B residing in the same Ri on November 25, 1911 (hereinafter “instant assessment land”) is indicated as the fact that the Plaintiff’s fleet B was in the same rank.
B. After that, as to the land of this case, registration of ownership preservation was already made in the name of the defendant as of June 29, 1957 under the Suwon District Court's Suwon District Court's Port Office's receipt No. 2943 on June 29, 1957, and the land of this case was divided into each of the real estate listed in the separate sheet following a change of land category on November 15 of the same year.
(hereinafter referred to as “each land of this case” in the separate sheet Nos. 2 and 3, and registration of preservation of ownership of each land of this case shall be referred to as “registration of preservation of ownership”.
On July 7, 1937, the Plaintiff’s fleet B died and succeeded to the property of Australia inheritor D, the Republic of Korea, solely, on November 28, 1964, and D died on November 28, 1964, and jointly succeeded to the property of D, F, G, Plaintiff, H, and I, the heir of E and their children.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 7 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. The assertion and judgment
A. 1) The Plaintiff asserted that, inasmuch as the registration of ownership preservation in the name of the Defendant as to each of the instant lands divided from the land of this case was null and void, the Plaintiff, one of the final successors of the above circumstances, sought the cancellation of registration of ownership preservation on each of the instant lands as an act of preservation. 2) As to this, the Defendant entered the land of this case as its owner in the re-payment register of distributed farmland related to the land of this case, etc., prior to the enforcement of the former Farmland Reform Act, the land of this case is registered as its owner.