소유권말소등기
1. On April 9, 1996, the defendant shall receive from the plaintiff the Gosung-gun Dasan District Court's Gosung-gun 1,035 square meters in relation to the plaintiff.
1. Facts of recognition;
(a) The Land Survey Division for the 313 Y Jinsung-gun B, Gangwon-gun, stated that C(E) was the subject of assessment of the said land.
B. On March 15, 1966, Gangnam-gun B, Gowon-gun B, 313 square meters (hereinafter “instant land”) was pointed out and restored to the original state on March 15, 1966.
C. The Plaintiff’s prior F (E) died on April 1, 1941, and G, a male head of Australia, succeeded to F solely.
G died on April 8, 1950, and H, the male head of Australia, solely inherited G.
H was declared missing on June 25, 195 by the Heading Branch of Chuncheon District Court on October 4, 2016 that “The principal of the case is missing and the period of disappearance expires on June 25, 1955, and thus declared missing.” As such, I, J inherited H’s inherited property. On January 28, 1989, J died and jointly succeeded to the shares of inheritance of J.
On the other hand, the defendant completed the registration of ownership preservation on April 9, 1996 on the land of this case.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 6 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination
A. 1) Determination on the cause of a claim is that a person registered in the Land Survey Book as an owner is presumed to have become final and conclusive, inasmuch as there is no reflective evidence, such as that the content of the situation has been changed by an adjudication, etc., the person who is registered in the Land Survey Book shall be presumed to be the owner of the land, and the land shall be naturally acquired, and if it is found that a person other than the title holder of the preservation registration was found to have received the assessment of the relevant land (see, e.g., Supreme Court Decision 2007Da79718, Dec. 24, 2008). The presumption of registration of preservation of ownership on the land is broken if it is proved that there is a separate person from the title holder of the registration, and the registration shall be null and void unless the title holder proves the fact of acquisition by succession (see, e