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(영문) 서울중앙지방법원 2018.08.16 2017가단99924
소유권보존등기말소등기 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. It is written that “D” with the address of “Priju-Gun,” with respect to “D” as to “D (D and address disturbance)” in the Land Survey Book for the Japanese Occupation Period of Japanese Occupation, Gyeonggi-do, and as to “D (D and address disturbance)” with respect to “Yri-Gun, Pakistan-gun, Gyeonggi-do, and 1236”.

B. Each of the above lands became land Nos. 1 and 2 as stated in the separate sheet (hereinafter “each of the above lands”), and registration of preservation of ownership was completed on July 3, 1986 with respect to each of the lands listed in the separate sheet No. 1 as stated in the separate sheet (hereinafter “each of the above lands”), and on each of the lands listed in the separate sheet No. 2 as stated in the separate sheet, on October 13, 1995.

C. On December 27, 1919, F, the Plaintiff’s prior owner, died on December 27, 1919, thereby becoming a sole heir, and G died on October 3, 1976 and became a co-inheritors by H, I, and J.

After that, H died on February 4, 1989, and the Plaintiff is one of his children.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 9 (including additional number)

2. The assessment of the Plaintiff’s respective land of this case is based on the premise that D is the same person as F, the Plaintiff’s prior owner, and that there is another person in charge of assessment of the land, the presumption of registration of preservation of ownership is broken. Therefore, registration of preservation of ownership in the Defendant’s name on each land of this case should be cancelled as the ground

As one of the co-inheritors of F, the Plaintiff seeks cancellation against the Defendant by the act of preserving the jointly-owned property.

3. A person who is assessed as a landowner in a land survey project conducted under the Decree on Land Survey during the Japanese colonial Period as a land owner shall acquire the ownership of the land in question in a primary and creative manner, and the situation shall address the starting point of the land ownership relationship;

In addition, there is a lot of probability that there has been a change in the transaction of land and other legal relations for a long period of time near 100 years since the land assessment, and there is a significant social and economic change between them.

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