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(영문) 서울중앙지방법원 2017.08.08 2016나70651

소유권확인

Text

1. Revocation of the first instance judgment.

2. The share of 4/10 out of 403 square meters on the water zone B in Chungcheongnam-si is owned by the Plaintiff.

Reasons

1. Facts of recognition;

A. The land survey division concerning the 1,364 square meters (hereinafter “land before subdivision”) prepared during the Japanese occupation point period is indicated as E having the address in D.

B. The land before subdivision was divided into the F 77 square meters before F in 1943, G 122 square meters before G (after that, the administrative district was changed, the size was converted, and the land category was changed; hereinafter “instant land”). The land before subdivision was divided into four hundred and sixty five square meters before H.

C. As to the above F land and H land, registration of ownership preservation was completed in the name of January 29, 1943. However, the instant land remains unregistered until now after the cadastral record and the registry were destroyed at the time of the Korean War, and the land was restored only by land cadastre.

The land cadastre of this case was restored on March 20, 1953, and entered E in the owner column, and the owner column was the official column.

E. The permanent domicile of the Plaintiff’s son E (E, death on October 22, 1912) and the son K (K and Chang-Choe name on February 15, 1942) is the Republic of Korea L in the permanent domicile of the son’s son’s son’s son’s son’s E (E, death on October 22, 1912).

K died on August 1, 1986 and succeeded jointly to wife M, N,O, and the plaintiff.

M on April 2, 2007, after the death of April 2, 2007, M jointly inherited N,O, and the plaintiff.

The succession relations shall be arranged in the following table:

EJ M K M NO M / [based for recognition] without dispute, each entry in Gap evidence 1 through 7 (including branch numbers) and the purport of the whole pleadings

2. The assertion and judgment

(a) Any person registered in the Land Survey Book as an owner shall be presumed to have become final and conclusive in the absence of counter-proofs such as changes in the content of the land by an adjudication, and shall acquire the land from the original owner in the land;

According to the above facts of recognition, E, the Plaintiff’s prior owner, acquired the ownership of the land as an assessment title of the land before division, and the land of this case was subsequently divided.