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(영문) 서울중앙지방법원 2015.02.04 2014가단5133378
소유권말소등기
Text

1. All of the plaintiffs' claims are dismissed.

2. All the costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

(a) Land assessment and division 1) The Land Survey Division of the Pakistan-gun, F with the address of the Southern Southern-gun, on June 18, 1913 (Seoul-gun 2 years), shall be 635 square meters (hereinafter “pre-division land”) prior to D on June 18, 1913

(2) Around December 30, 1972, the land before subdivision was partitioned into each land listed in the separate sheet (hereinafter “instant land”).

B. 1) The Plaintiff’s father F was born and succeeded to Australia on March 15, 1915, and died on March 10, 1970. The Plaintiffs jointly succeeded to their property. 2) The Plaintiff’s father F’s permanent domicile was changed to “Masung Department I”, “Seoul Jung-gu J”, and “Seoul Jongno-gu K”.

C. The Defendant completed the registration of preservation of ownership on the land indicated in the attached list No. 22097, which was received on June 18, 1996 by the High Government District Court of the Republic of Korea, and the land indicated in the attached list No. 1 through 3, the registration of preservation of ownership was completed as of August 2, 1996 by the receipt of the attached list No. 28716, Aug. 2,

(hereinafter "Registration for Preservation of Ownership of this case"). 【No dispute exists, entry of Gap 1 to 9 evidence, and the purport of the whole pleadings

2. Since F, the assessment title of the land before the Plaintiff’s assertion was divided, and F, the Plaintiff’s father-F, are the same and the Plaintiffs, the inheritor, are the owners of the instant land.

Therefore, since the preservation registration of ownership of this case is null and void, the defendant is obligated to cancel the preservation registration.

3. Determination

(a) Any person who is assessed as a landowner in a land survey project conducted under the Decree on Land Survey during the Japanese Occupation Period as a landowner 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 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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