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(영문) 서울중앙지방법원 2019.04.09 2018가단5079755
소유권말소등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The basic facts and inheritance relations;

A. On April 10, 1913, the land research division prepared under a certain schedule stated that C was the owner of G&D No. 60,399, E&C No. 50,063, F&C No. 201,816 (hereinafter collectively referred to as “each of the instant circumstances”).

B. On February 22, 1926, G, the Plaintiff, a family member of the family, died and succeeded to the property of the head of H as a family heir. On October 7, 1952, H inherited the property of the head of H as a family heir. On May 6, 197, 197, G, a family member of the family family, died and succeeded to the property of the head of the son as a family heir. On May 6, 197, I succeeded to the property of the head of the son and his heir of the son, K, L, M, N, each of 1/12 shares, the 1/12 shares of the son, the son, his heir of the family, and the 2/12 shares of the son, who were married to the same family register.

[Reasons for Recognition] Facts without dispute, Gap's evidence 1-4, Gap's evidence 1-2, Gap's evidence 5, 7, Gap's evidence 1-2, Gap's evidence 8-1 and 2, the purport of the whole pleadings

2. Each of the circumstances in the instant case, the cause of the Plaintiff’s claim, is the Plaintiff’s owner, and the ownership was acquired in an original manner. The Defendant, without any title, completed the registration of preservation of ownership, such as the entries in the claim, as to each of the lands listed in the separate sheet, divided from each of the circumstances in the instant case’s land (Provided, That each of the lands listed in Articles 24, 50, 52, and 53 was withdrawn, except for the case where the lawsuit on each of the lands listed in the separate sheet, was withdrawn.

The Plaintiff is one of the final successors with respect to the property owned by G, and is one of the co-owners of each of the instant lands divided from each of the instant land. As such, the Plaintiff is seeking the cancellation of each of the above-mentioned preservation registrations, which are completed in the name of the Defendant, as a preservation act

3.In the case of a land survey project undertaken under the Land Survey Order which is below the Japanese colonial rule, a person who is assessed as a landowner shall acquire the ownership of the land in question in an original and creative manner.

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