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(영문) 서울중앙지방법원 2020.07.17 2020나17831
소유권말소등기
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The AC area of Gyeonggi-do (the name of the administrative district was changed to AD area after the fact that the name of the administrative district was changed to the "AD area") 245 square meters of forests and fields 245 square meters before J and 1,725 square meters before January 20, 1912 (the name of 45 square meters) 283 square meters of H forest and fields 283

2. 16. The land in each Gyeonggi-gun B is the land in which C has a domicile, respectively.

B. Meanwhile, each land listed in the separate sheet (hereinafter “each land of this case”) is divided from each of the above lands under C’s circumstances. On December 27, 1996, registration of preservation of ownership in the name of the defendant was completed as stated in the purport of the claim against each of the above lands.

[Ground for Recognition: Facts without dispute, entry in Gap evidence 1 through 3 (including each number in the case of a tentative number), the purport of the whole pleadings]

2. The assertion and judgment

A. The Plaintiff’s assertion of each of the instant lands was a land under the circumstances of the Plaintiff’s Chobu V, and the Plaintiff’s father-S was solely inherited to the Plaintiff’s father-S, and S also died, thereby succeeding to 6/7 shares of each of the instant lands.

Therefore, the Defendant, as an act of preservation of jointly owned property, is obligated to perform the procedure for cancellation of registration of cancellation of each registration of preservation of ownership of each of the instant land to the Plaintiff.

B. A person who is determined to be the land owner in a land survey project conducted under the Land Survey Order below the Japanese colonial rule shall acquire the ownership of the land in question from an original and creative point of view, 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 the transaction and other legal relations with respect to land for a long time from the land situation to the year of 100, there have been a lot of causes of change in the transaction and other legal relations with respect to land, and other significant social and economic changes or the trend of use of land among them, 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.

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