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(영문) 의정부지방법원 2017.04.07 2016가단28736
소유권이전등기말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. According to the Gicheon-gun, Gyeonggi-do Land Survey Division established in around 1914 under the former Land Survey Ordinance, “D” with a domicile in Seocheon-gun, Seocheon-gun C is registered as an owner of the total of 279 square meters, the total of 377 square meters, and the total of 229 square meters, and HJ branches as co-owners of the total of 74 square meters (joint ownership with L/W in Seocheon-gun, Seocheon-gun, I), respectively.

B. On May 5, 1969, the land category was entirely changed to miscellaneous land. On January 1, 1978, each of the above land was converted to 922 square meters, 1,246 square meters, 757 square meters, and 245 square meters.

(In sequence, each of the above lands is the real estate listed in the annexed list 1 through 4; hereinafter referred to as “instant land 1 through 4”).

On December 20, 1995, the defendant completed the registration of preservation of ownership of each of the land of this case after going through the announcement procedure of unregistered real estate.

【Reason for Recognition】 Each entry in the evidence of subparagraphs 1 through 4, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff: (a) died on January 18, 1919 and succeeded to each of the instant lands by the Plaintiff’s father M, who is the Plaintiff’s assistance and the Plaintiff’s title holder of each of the instant lands; and (b) died on August 3, 1976 and succeeded to each of the instant lands by the Plaintiff, N, andO; (c) the Defendant’s registration of preservation of ownership on each of the instant lands was completed differently from the substantive relationship without any legal cause through the public notice of non-real estate; (d) accordingly, the Defendant asserts that the Plaintiff is liable to perform the registration procedure for cancellation of each of the instant lands.

B. A person who is assessed as a land owner in a land survey project conducted under the Decree on Land Survey under a given period shall acquire ownership of the land in question in a timely and creative manner, and the circumstances address the starting point of the land ownership relationship.

In addition, there is a lot of probability that there was a change in the transaction and other legal relations with respect to land for a long time from 100 to 100 years after the land assessment, and there is a lot of causes for change in our society.

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