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(영문) 의정부지방법원 2015.11.27 2015가단102200

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. According to the evidence evidence and the purport of the whole pleadings by Gap, the Gyeonggi Yang-gun Group C, which received the circumstances of Eul, divided into real estate listed in the separate sheet (hereinafter "the real estate of this case"), following the reorganization of administrative districts and the process of division and merger, and the Republic of Korea completed the registration of preservation of ownership on August 3, 1981, Eul purchased the real estate of this case from the Republic of Korea, and completed the registration of ownership transfer on August 22, 191, after purchasing the real estate of this case from E, and the defendant completed the registration of ownership transfer on August 22, 199, after purchasing the real estate of this case from the Republic of Korea. The plaintiff's senior assistant name is D, the plaintiff's senior assistant name of the plaintiff, the plaintiff's death and the plaintiff's senior assistant D shall be solely inherited by G, the plaintiff shall be solely inherited by G due to the death of Eul,

On the other hand, there is no dispute between the parties that D and the plaintiff's preemptive rights are the same.

B. As long as there is no counter-proof such as the change of the situation by the adjudication, the person registered as the owner in the land investigation register shall be deemed to have been assessed as the owner of the land and the circumstances are presumed to have become final and conclusive. Thus, the presumption of preservation of ownership shall be null and void, unless a person other than the holder of the preservation registration is found to have received the situation of the relevant land, and the registered titleholder fails to assert the fact of acquisition by specific succession (see, e.g., Supreme Court Decisions 95Da4654, 46661, May 23, 1997; 96Da16247, Jun. 28, 1996). As seen above, since the circumstance of the instant real estate is not a dispute between the parties, the presumption of preservation of ownership, which was completed in the name of the Republic of Korea, shall be deemed to have been broken, and the registration of ownership shall be based on order order.