소유권보존등기말소 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a company established on March 30, 1935 for the purpose of agricultural management, real estate sales, mining management, and all other businesses incidental to the deceased’s business to jointly manage and profit from the deceased’s heritage.
B. According to the certificate of registration drawn up with respect to the land of this case at 1,031 square meters (hereinafter “the land of this case”), which is the mother lot number of Dong-si B (hereinafter “the land of this case”), it is stated that the registration of ownership transfer based on inheritance was completed on March 28, 193 under the name of this case on the land of this case on March 28, 193 (Fire 8 years), and the registration of ownership transfer based on the Plaintiff’s name was completed on December 12, 1935 (Fire 10 years), and the registration certificate contains the statement “registration system” and the seal affixed by the government of the branch office of Jung-gu District Court and the seal affixed by the government of the branch office of the Dong-gu District Court.
C. The cadastral record and the registry concerning the instant land were destroyed due to the incident of June 25, 2007, and on September 5, 2007, registration of preservation of ownership was made in the name of the defendant.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. Assertion and determination
A. The Plaintiff’s assertion is presumed to have completed the registration of ownership transfer under the name of the Plaintiff as the receipt of the branch office of the Gyeongsung District Court’s 10666 on the land under the name of the Defendant before the registration of ownership transfer was made. The presumption of ownership preservation under the name of the Defendant, which was completed on the land divided from the land under the circumstance of this case, was reversed.
Therefore, the defendant is obligated to implement the registration procedure for ownership transfer on the land of this case to the plaintiff for the restoration of real name.
B. The Defendant’s assertion is again divided into G or H land from 367 square meters at the time of the Government-si divided from the land of the instant case.