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(영문) 서울중앙지방법원 2017.05.24 2016나76710
소유권이전등기
Text

1. Revocation of the first instance judgment.

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

1. The reasons why the court states this part of the basic facts are the same as that of the judgment of the court of first instance, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the cause of action

A. Since the land before the plaintiffs' assertion was subject to the high-help net R, the plaintiffs who succeeded to R in succession are the real owners of 1/4 shares of each of the lands listed in the separate sheet divided in the land before division (hereinafter "each of the lands of this case"), and instead of seeking cancellation of the registration of ownership preservation in the defendant's name which is null and void, the plaintiffs seek implementation of the registration procedure for ownership transfer registration for each of 1/4 shares of each of the lands of this case based on the restoration of the real name.

B. In the land survey project conducted under the Decree on Land Survey under a given period of time, a person who is assessed as a land owner shall acquire the ownership of the land in question in an original and creative manner, 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, in a case where a person asserts in a lawsuit that his/her ownership was acquired by inheritance as a successor of the nominal person, his/her identity and the identity of his/her nominal person should be strictly proved, so that the judge can have convictions in the case, and even if there are circumstances to raise doubt as to this point, it should be observed without permission.

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