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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. According to the Land Survey Book drawn up in the Japanese Occupation Period, the fact that D (D; hereinafter referred to as the “instant situation name”) residing in G in G in G in G in G in G in G in G in G in G in G in G in G in Gyeonggi-do (hereinafter referred to as “B before subdivision”) was written is indicated.
B. After that, Gyeonggi-do Gwangju-gun changed the designation as the F of Gangnam-gu Seoul Metropolitan Government, and the registration of preservation of ownership was made on March 18, 1991 in the name of the defendant, such as the purport of the claim on the land before the division, and the land before the division was divided into each land listed in the separate sheet (hereinafter referred to as the “instant land”).
C. Meanwhile, the Plaintiff’s fleet G (G, hereinafter the Plaintiff’s fleet G) died on August 18, 1913. The Plaintiff’s father-H, a sole heir, died on September 28, 1971, and accordingly, the Plaintiff, a South-North heir, succeeded to H’s property.
[Ground of recognition] Facts without dispute, entry of Gap 1 through 9 (including virtual numbers) and the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion title holder is the same person as G of the Plaintiff’s fleet G, and the Plaintiff acquired ownership of the instant land through inheritance.
Since the defendant has completed the registration of preservation of ownership on the land of this case without any legal ground, the defendant is obligated to implement the procedure for registration of cancellation of registration of preservation of ownership on the land of this case.
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 or creative manner, and the situation deals with the starting point of the land ownership relationship.
In addition, there is a lot of probability that there has been a change in the transaction of land and other legal relations for a long period of time near 100 years since the land assessment, and between them, there is a significant social and economic cause.