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(영문) 춘천지방법원 2014.08.13 2014가단30295
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in the entry in Gap evidence 1 to 4 (including paper numbers) by reference to the whole purport of the pleadings.

According to the Land Survey Book drawn up during the Japanese occupation period, the land survey book was assessed against C (D) in the area of 9560 square meters (hereinafter “instant real estate”).

B. The old land cadastre (No. 2-2) on the instant real estate was not restored to its owner, but the old land cadastre (Evidence No. 2-3) indicating the standard yield pursuant to the Land Taxation Standard Act on August 15, 1961 stated that the instant real estate was transferred to E in the future, seen as Japan on April 11, 1929, and also stated E’s Japanese address.

C. On October 6, 1920, the Plaintiff’s father C(F) died, and on February 27, 1968, G, the Plaintiff’s father, succeeded to the deceased C(F), but died on February 27, 1968, the Plaintiff, children, who were the wife of the network G, was jointly succeeded by the Plaintiff, I, J,K, L, and M, and the said children, including the Plaintiff, died on November 2, 1984.

On January 20, 1992, the defendant completed registration of preservation of ownership of the real estate of this case in the future of the defendant.

2. Judgment on the plaintiff's claim

A. The plaintiff asserted that C, the assessment title of the real estate of this case, is the plaintiff's assistance, and G, the plaintiff's father due to death, inherited the real estate of this case by his children, including the plaintiff, following the plaintiff's death after inheritance. Since the registration of preservation of ownership of the real estate of this case in the name of the defendant, the presumption power of preservation of ownership of the real estate of this case becomes extinct and null and void, the plaintiff, the co-owner of the real estate of this case, sought cancellation of

B. A person who was assessed as a landowner in a land survey project conducted under the Land Survey Order during the Japanese colonial Rule as a land owner shall be deemed to have the ownership of the land in question in an original and creative manner.

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