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(영문) 서울중앙지방법원 2018.06.21 2017가단5122997
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the Plaintiff’s assertion of claim

A. On October 1913, 1913, which was the Japanese colonial era, E, who had an address in Gyeonggi-gun Cri (hereinafter referred to as "Dri-si in each Gyeonggi-si in each Gyeonggi-si in each administrative district) was the owner of the instant land (hereinafter referred to as "Cri-si in each Gyeonggi-si in each Gyeonggi-do") and acquired the ownership in a timely manner.

B. The above situation title E is the same person as the plaintiff's assistance F, and the land of this case is the owner of the plaintiff's assistance title from the original point of view.

C. The Plaintiff’s property of Cho Jong-soo was jointly inherited by the Plaintiff’s father G and its siblings, and the Plaintiff’s property of the G was jointly inherited by the Plaintiff and its siblings.

The plaintiff, who is the co-owner of the land of this case, filed the claim of this case as an act of preserving jointly owned property. The defendant, who completed the registration of preservation of ownership, invalid on the land of this case, is obligated to cancel the registration of preservation of ownership

2. A person who is determined to be an owner of land in a land survey project conducted under the Land Survey Order, which was a full-time and full-time decision-making on the cause of the claim, shall acquire the ownership of the land in question in an original and creative manner, and the situation shall address 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 ownership by succession, based on the comprehensive cause of succession to the right.

Considering these circumstances, in a case where a person asserts in a lawsuit that he/she succeeded to ownership by inheritance as a successor of the person under the title of assessment, his/her identity and identity of the person under the title of assessment shall be strictly proved, and the judge shall do so.

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