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(영문) 서울중앙지방법원 2017.02.16 2016가단5089789
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. Each land listed in the separate sheet No. 1 (hereinafter “instant land”) acquired ownership based on each circumstance around 2 years (1913), which is the Plaintiff’s fleet B, around the 1913 colonial period. The Plaintiff and its siblings, who is F’s children, died in succession by the aforementioned Defendants B and B, C, C’s funeral, D’s funeral, E, and E’s funeral, were ultimately succeeded to the instant land’s share.

B. The Defendant, without title, completed each of the registration of preservation of ownership on the instant land listed in the separate sheet No. 2, is obligated to implement the registration procedure for cancellation of each of the above registration of preservation of ownership.

2. The fact that the person “G” in the judgment is the real name of the land in this case is no dispute between the parties, and according to the Gap evidence No. 1, it is also acknowledged that the person whose name was the same as the plaintiff’s prior name was the same.

However, with respect to whether G is the same person as B who is the Plaintiff’s prior title, a person, who is assessed as a landowner in a land survey project conducted under the Decree on Land Survey under certain conditions, from a land survey project conducted under the said Decree, acquires the ownership of the relevant land in a primary and creative manner, and such circumstance deals with the starting point of the land ownership relationship.

In addition, despite 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 assessment, 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 prove that the latter part of the land owner, who was the person under the control of the situation, can easily acquire the land ownership by succession, based on the comprehensive cause of succession to the right.

Considering these circumstances, the identity of the person in charge of assessment and the person in charge of assessment is strict in a case where the person in charge of assessment and the person in charge of assessment claims that he succeeded to the ownership by inheritance as a successor of the person in charge of assessment.

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