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(영문) 서울중앙지방법원 2014.10.22 2012가단5121074

소유권말소등기

Text

1. As to the Plaintiff’s 386 square meters (1,276 square meters) prior to Jcheon-gun, Gyeonggi-do.

Reasons

1. Basic facts

A. (1) In the land survey division prepared by the land survey station located in Gyeonggi-gun L, Gyeonggi-gun, Gyeonggi-do, and the land survey division prepared by the land survey station located in Gyeonggi-do with respect to the land of Gyeonggi-do and the same Ma-gun, Gyeonggi-do, Gyeonggi-do, J., Gyeonggi-do, and 923 square meters (3,051 square meters; hereinafter “the land of this case”) before KK in the same Gun (hereinafter “the land of this case”) (the land of this case 1,276 square meters); and the land category of 23 square meters (the land of this case is changed to the last site; hereinafter “the land of this case”).

(2) At the time the aboveO received an assessment of each of the above land, there was no otherO having an address in N in Gyeonggi-gun.

B. The Plaintiffs and inheritance-related Plaintiffs jointly inherited their property as the descendants of the “O” transferred to Q of Jongno-gu Seoul Metropolitan Government, wherein they had their permanent domicile in the Gyeonggi-do P.

C. On April 23, 1960, the Defendant Educational Foundation creative Institute for the registration of preservation of the Defendants completed the registration of preservation of ownership on the land of this case as stated in Paragraph (1) of this case, and the Defendant Educational Foundation I completed the registration of preservation of ownership on the land of this case as stated in Claim 2 of this case on July 1, 1959.

[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, and 3 respectively 1, 2, Gap evidence 4-1 to 7, the purport of the whole pleadings]

2. Determination:

A. (1) In light of the following: (a) the duty to cancel the registration of initial ownership of each of the lands of this case, the name of the O and the Chinese name of the plaintiffs' shipbuildingO is identical to that of "O"; (b) the address of the situation name of O and the administrative district above the unit of Ri (Ri/Ri) of the plaintiffs' shipbuilding; and (c) there was no otherO whose name is the Dong name in the above area at the time, it is reasonable to view the O and the plaintiffs' shipbuildingO as the same person.

(2) The presumption of ownership preservation is presumed to have been acquired in the land survey register under the former Land Survey Ordinance. Thus, the person who is not the title holder of the preservation registration is presumed to have been registered in the land survey register.