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(영문) 의정부지방법원 2018.02.22 2016가단33653
소유권이전등기
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. According to the Land Survey Book drawn up during the Japanese occupation period, G, which is the Plaintiff’s fleet, is indicated as being subject to the assessment of the said land at approximately 112 square meters (hereinafter “instant land”).

B. G died on May 23, 1941, and G H died on May 17, 1941.

As a child of the network H, I (J), K (L), M (n), and N (n), among them, I was killed in the Korean War without having a child on November 24, 1951, and K, who is a her birth, succeeded to the family.

K died, and there are heirs C, children E, Plaintiff, and Appointed F.

C. On June 30, 1965, the Defendant completed a registration of preservation of ownership on the instant land as the receipt office of the Jung-gu District District Court’s annual registry office of 4252 on June 30, 1965, and the instant land was converted into a miscellaneous land on January 16, 1991, and the area was converted into a 370 square meters as the area was converted into a miscellaneous land.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. The plaintiff's assertion

A. The deceased G had died while being registered as the owner in the land investigation register of the instant land. As such, the registration of preservation of ownership in the Defendant’s name should be cancelled as the registration of invalidation of cause.

B. Meanwhile, as the deceased deceased without her child while she succeeded to the network G, the deceased deceased, who is the head of the network G, she succeeded to the network I, the deceased Dong K succeeded to the network I, and the Plaintiff and the designated parties succeeded to the network K upon the death of the network K.

C. Therefore, the Defendant is obligated to implement the registration procedure for transfer of equity rights based on the restoration of real name with respect to the respective inheritance shares of the Plaintiff and the designated parties among the land in this case.

3. Determination

A. According to the former customary law (before January 1, 1960), which is a system for inheritance at the time of the death of the problem network G, if the family head dies, the family heir shall be the sole heir.

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