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(영문) 서울중앙지방법원 2015.09.02 2015가합526634
소유권말소등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Each real estate listed in the separate sheet (hereinafter “each real estate of this case”) is the land in which G was assessed at the time of Japanese colonial occupation.

B. On April 10, 1950, H, who is the senior successor of the plaintiffs, died on April 10, 1950, and I, as his children, succeeded to his own property.

I died on September 4, 2010, and his heir is the plaintiff C, the son and the plaintiff D, who died earlier than the plaintiff A, the plaintiff B, E, F, and I, the spouse.

C. The Defendant completed the registration of preservation of ownership on the real estate listed in the separate sheet No. 37786, Oct. 5, 1996, which was received on Oct. 5, 1996, and the real estate listed in the separate sheet No. 2 to 12 is currently unregistered.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1, 2, 4 through 9 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiffs' assertion of each of the instant real estate was the land under the circumstances of K by the deceased deceased's father of the plaintiffs' deceased, and it was inherited by I through H, which is the children of K, but I died on September 4, 2010, and the plaintiff A finally succeeded to the ratio of 15/55, the plaintiff B, E, and F, each of 10/55, the plaintiff C, 6/55, and the plaintiff D's share of 4/55.

Therefore, the defendant has a duty to cancel the registration of preservation of ownership of the real estate listed in the separate sheet in the name of the defendant, which is invalid, and to verify that the real estate listed in the separate sheet 2 through 12 is owned by the plaintiffs according to the above shares.

3. First of all, we examine whether the person in charge of the assessment of each real estate of this case is the same person as the I's lighting division.

(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, for a long period of time from 100 years to 100 years after the land situation.

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