소유권말소등기
1. The defendant on October 25, 2004, as to each real estate listed in the separate sheet to the plaintiff, the Jung-gu District Court Macheon Registry.
1. Presumption
A. According to the Land Survey Book, “Ycheon-gun B” prepared by the land survey project at the Japanese occupation point period, C is written as the assessment was conducted on March 1, 1914 (Seoul 3 years), and at KRW 640,562, supra.
B. Since then, the above lands were divided into F-G, H-I, and the Defendant completed each registration of preservation of ownership on each of the real estate listed in the separate sheet (hereinafter “each of the instant lands”) on October 25, 2004, under Article 35402 of the receipt of the Jung-gu District Court Seocheon District Court’s receipt of the registration office.
(hereinafter “each preservation registration of this case”)
C. C died on January 25, 1954 (Short-term 4287), and C died before C, K, the head of J, the South Korean government, died, and due to the death of C, K, the South Korean government.
K died on November 8, 2001 and succeeded jointly to L, children, M, N,O, P, and the Plaintiff.
[Reasons for Recognition] Unsatisfy, Gap 1-5 evidence (including the whole number), the purport of the whole pleadings
2. Duty to cancel each of the registrations of preservation in this case
A. The presumption of registration of preservation of ownership in the relevant legal doctrine is broken if it is revealed that there is another person to whom the relevant land was assessed, and the registration is void as long as the registered titleholder does not specifically assert or prove the acquisition by succession.
(1) A person who was registered in the Land Survey Board as an owner of a parcel of land is presumed to have become final and conclusive unless there is any counter-proof that the substance of the land has been changed by the adjudication, etc. (see, e.g., Supreme Court Decision 2002Da17792, Nov. 30, 2007). A person who was registered in the Land Survey Board as an owner of a parcel of land under the former Land Survey Ordinance shall be presumed to have taken into account the situation as the owner of the parcel of land and the circumstance has become final and conclusive (see, e.g
(See Supreme Court Decision 83Meu152 delivered on January 24, 1984). One co-owner of a real estate may seek the cancellation of the whole registration of the property jointly owned by a third party, if the registration of invalidity of cause has been completed in the name of a third party with respect to the pertinent real estate.
Supreme Court Decision 199Na1488 delivered on May 11, 1993