소유권말소등기
1. The defendant shall register the registration of Suwon-gu District Court of Suwon-si with respect to the registry of the root of the 717m of Pyeongtaek-si in Gyeonggi-do, and on December 2, 2008.
1. Facts of recognition;
A. According to the land survey division prepared by the land survey project in the Japanese colonial era, the Gyeonggi-do Authenticity-gun No. 217 (hereinafter “instant land”) is indicated as being under the circumstances of C, and the address of C is not indicated. On the other hand, the Gyeonggi-do Authenticity-gun No. Do is changing the name of the administrative district to Pyeongtaek-si D, Gyeonggi-do.
B. Around December 15, 1947, “F, as the Plaintiff’s family register, was the legal domicile of the Plaintiff’s family register in Pyeongtaek-gun, Gyeonggi-do, was killed on the part of December 15, 1947 and succeeded to the property solely by his headnam G. On August 31, 1986, G’s spouse and children jointly inherited the property. G’s spouse and children died on June 10, 1975, and H’s spouse and children, including the Plaintiff, who were the children of H, were married by inheritance.
C. On December 17, 2008, the Defendant: (a) registered the Suwon District Court’s Eunpyeong Housing Site Board as to the instant land on December 17, 2008; and (b) registered the preservation of ownership in the name of the Defendant (hereinafter “registration of the preservation of ownership”) under the title of the Defendant on December 17, 2008.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. Determination
A. A person registered in the land investigation register for the cause of a claim as an owner shall be presumed to have been determined by the situation as the owner of the land, unless there is any counter-proof such as the change of the situation by the adjudication, etc., and the presumption of registration of preservation of ownership shall be presumed to have become final and conclusive. On the other hand, the registration shall be deemed to be null and void, unless the person to whom the relevant land was assessed, and the registered titleholder fails to specifically assert or prove the fact
In light of the above legal principles, the following circumstances revealed in the above recognition, namely, ① C and F, the Plaintiff’s increase of the situation of the land of this case, correspond to the Chinese name, and ② according to the guidelines at the time of preparation of the Land Survey Book, the land location and the owner.