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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 with respect to Yangju-gun-gun-gun-gun, which was prepared in the Japanese land Survey Book, it is written that E, who had a domicile in Yangyang-gun-gun, Yangyang-si, 1 October 1, 1914, was under the assessment of 126 square meters (417 square meters) for the said B grave site.
B. Since April 1, 1980, the Yangyang-gun divided and changed into the F of the Namyang-gun. On February 11, 1983, as C was incorporated into G on February 11, 1983, the said B land became the H land of the Namyang-gun, Namyang-gun (hereinafter “previous land”).
C. In around 1984, the Pakistan farmland improvement association implemented the land rearrangement project for J districts, including the Namyang-gun I. Accordingly, the previous land, etc. was replaced with H 3,759 square meters around June 10, 1986.
On June 16, 1986, the Defendant completed the registration of ownership preservation on the above roads by the Seoyang-si District Court’s receipt of the Namyang-si Office of Registration, No. 18558, and thereafter, the above roads became land B 3,759 square meters (hereinafter “the instant land”) in Namyang-si, the land indicated in the order due to the alteration of administrative jurisdiction, etc.
[Ground of Recognition: Facts without dispute, Gap evidence Nos. 1, 3, 4, Eul evidence Nos. 1 and 2 (Evidence Nos. 1 and 2) and the purport of the whole pleadings]
2. Determination
A. The Plaintiff’s previous land was acquired by E, the Plaintiff’s increased portion of the land, under the circumstances of E, and was subsequently combined with the land of this case following the land rearrangement project.
However, inasmuch as the Defendant completed the registration of initial ownership relating to the instant land without any title, the Defendant is obligated to implement the registration procedure for cancellation of initial ownership preservation, which completed with respect to the previous part of the instant land among the co-inheritors, to the Plaintiff, one of the co-inheritors.
However, the Plaintiff’s claim is to be reduced by having surveyed the part of the previous land among the instant land and seeking the implementation of the registration procedure for cancellation of registration of cancellation of registration of ownership preservation as to that part of the instant land by asserting that the preparatory document on July 13, 2015 as above was submitted.