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(영문) 서울중앙지방법원 2018.09.11 2017가단5235336

소유권말소등기

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1. The Defendant, at the time of Yangju, is the Government Registry of the District Court with respect to the 317 square meters and the 664 square meters prior to C, both the Plaintiff.

Reasons

1. Basic facts

A. The land in this case was divided and converted for registration in Yangju-gun-gun-gun-gun-gun 2,900 forest land (hereinafter “instant land”). The instant land was determined as the owner on October 20, 1917 by the Plaintiff, which was located on the ground that the Plaintiff had increased the number of land E, which was located on October 20, 1917.

B. As to each of the instant lands, the registration of preservation of ownership in the name of the Defendant was completed on May 15, 1995 as the receipt No. 28668 on May 15, 1995.

C. On August 15, 1938 (Fire 15 years), the Plaintiff’s symptoms E died. The Plaintiff’s E succeeded to the deceased Australia on November 24, 1962, but died on November 24, 1962. At the time of death, the heir was H, I, J, K, L, and M.

The Plaintiff’s father H was adopted to F on March 18, 1936 and died on December 8, 1997 after F’s death, and died on December 8, 1997. At the time of death, there was wife N (Death on December 27, 1997), children’sO, P, Q, R, S, and T.

2. Assertion and determination

(a) A person registered in the Land Survey Division or the Forest Survey Division shall be presumed to be the owner of the land, unless there is any counter-proof that the assessment has been changed by an adjudication, and the circumstance shall be presumed to have become final and conclusive, and the person in receipt of the assessment of the land shall be deemed to have acquired

In addition, if it is proved that there is a separate person in charge of the assessment of ownership preservation on the land, the registration shall be deemed null and void, unless the person in charge of the assessment of the land and the person in charge of the registration fails to specifically assert and prove the acquisition by succession.

According to the above facts and legal principles, the Plaintiff is a legitimate co-inheritors for the instant land, and the registration of preservation of ownership in the Defendant’s name for the instant land should be cancelled as the registration of invalidation.

B. As to this, the defendant shall have jurisdiction over each of the land of this case.