logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2015.01.13 2014가단12959
소유권보존등기말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts without dispute;

A. On October 1, 1913, the Gyeonggi Yang-gun Co., Ltd., 183 (hereinafter “instant land”) was under the circumstances of E, the address of which was located in the same GunD, both of which were located in Nam-si, Namyang-si, Seoul.

B. As to the instant land, the Defendant completed the registration of initial ownership on August 25, 1959 as the receipt No. 3939 of the receipt of August 25, 1959.

2. The assertion and judgment

A. Since the title holder of the Plaintiff’s assertion is the same person as E, who is the Plaintiff’s fleet, and accordingly, the registration of preservation of ownership in the Defendant’s name, which was completed with respect to the instant land, is null and void, the Defendant is liable to cancel the registration of preservation of ownership completed with respect to the instant land jointly inherited by the Plaintiff.

B. A person, who is assessed as a landowner in a land survey project conducted under the Land Survey Order under a given order below, acquires the ownership of the land in question in an original and creative manner, dealing with the starting point of the land ownership relationship.

In addition, despite the probability that there have been a significant cause of change in 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 land transaction and other legal relations, and between them, other significant social and economic changes or the trend of use, etc., the descendants of the person under the circumstance may prove, once by the comprehensive cause of succession of the right, the acquisition by succession of the land ownership, a person under the circumstances, who was the

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.

arrow