logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.11.20 2013가단290859
부동산소유권확인
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. According to the Land Survey Book drawn up in 1913, which was a Japanese occupation, the Japanese occupation period of 1913, the entire 685 square meters (2,264 square meters prior to the Gyeonggi-si, Yangju-gun, after changing the name of the administrative district, and converting the area into the unit of area; hereinafter “instant land”) is written by G as the case was examined by G.

B. As to the instant land, the Defendant completed the registration of initial ownership on July 30, 2014 as the receipt No. 65970 of the receipt on July 30, 2014.

C. The mother of the Plaintiffs died on April 9, 1984, and his mother jointly succeeded to the Plaintiffs’ children.

[Ground of recognition] Evidence Nos. 1 through 3, Eul 1, 11, 14, the purport of the whole pleadings

2. The plaintiffs' assertion and judgment

A. Since the Plaintiff’s instant land is a land for which the mother of the Plaintiff’s claim was assessed against H, registration of preservation of ownership in the Defendant’s name should be cancelled as a ground invalidation.

B. (1) Determinations is that a person, who is assessed as a landowner in a land survey project conducted under the Land Survey Order below, acquires the ownership of the land in question in an original and creative manner, and the circumstances address the starting point of the land ownership relationship.

In addition, despite the probability that there have been a significant cause of change in transaction or other legal relations with respect to land for a long period of time from the land situation to the year of 100 years, the former part of our society, and other significant social and economic changes, or the trend of use of land, etc., the descendants of the person under the circumstance can easily prove the acquisition by succession of the land ownership, which had the person under the circumstances, based on the comprehensive cause of succession to the right of inheritance.

Considering these circumstances, in a case where a person asserts in a lawsuit that he succeeded to ownership by inheritance as a successor of the title holder of assessment, his identity and identity of the title holder of assessment should be strictly proved, so that the judge may have convictions in relation thereto.

arrow