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(영문) 서울중앙지방법원 2015.10.21 2015가단5009847

소유권말소등기

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1. The defendant, on October 1995, has the jurisdiction over the 6,162 square meters prior to the time he sold to the plaintiff, Goyang-gu District Court, Goyang-gu registry office, Goyang-gu.

Reasons

1. Basic facts

가. 경기도 파주군 C 전 0.77町(7,736㎡, 이하 ‘이 사건 사정토지’라고 한다)은 1913. 6. 11.경 D에 거주하던 E가 임야조사서에 사정명의인으로 등재되었다.

B. On October 28, 1964, the land of this case was restored on October 28, 1964, and the real estate of this case appears to be part of the land of this case in light of the “forest situation and the current status of cadastral as at the time of forest circumstances,” and the land of this case, the land of this case, which is the competent authority in charge of cadastral records, also reply to the purport that “it is not known that detailed matters are due to the destruction of data related to cadastral recovery, but it appears that the real estate of this case is located at a location similar to the land location of the land

C. On October 13, 1995, the defendant completed registration of preservation of ownership of the real estate of this case.

On April 7, 1925, F, as the head of son, inherited the property of E as the head of son as the sole heir. F, on January 24, 1961, died, succeeded to F, G, H, and I’s own property 1/3 by 1/3. G died on January 20, 201, and the Plaintiff jointly succeeded to G’s property.

[Ground of recognition] Unsatisfy, Gap 1 to nine (including the number of the parties) and the fact-finding results on the so-called market, the purport of the whole pleadings

2. Determination as to the cause of claim

A. According to the evidence revealed earlier, the Plaintiff’s prior to the identity of the Plaintiff’s prior to the assessment agent and the assessment agent, the Plaintiff’s prior to the assessment agent E resides in the Gyeonggi-do Pakistan-gun at the time of forest land circumstances around 1913.

J Having moved to K, K had established its permanent domicile in K, and the “E with D’s address in the forest survey report is registered as a fact-finding, and no data was submitted to deem that there exists any other E such as the network E and Chinese name in L around 1913, when the “E with D’s permanent domicile,” the forest survey report is ratified by the same person as the land assessment titleholder in the forest survey report.

B. As to the reversal of the presumption of real estate of this case.