소유권보존등기말소
1. The defendant shall receive on June 30, 1997 from the plaintiff the Government District Court Macheon-si B cemetery 684 square meters with respect to the plaintiff.
1. The land survey book prepared in the era of a day-based foundation fact-finding indicates that Gyeonggi-do 207 square meters of B grave B (hereinafter “instant land”) was the assessment of D with the address in C.
The plaintiff's evidence E had a permanent domicile in the "Macheon-gun, Gyeonggi-do" F, but the plaintiff et al. transferred his/her property to another person.
On June 30, 1997, the defendant completed the registration of ownership preservation on the land of this case by Law No. 21187, which was received on June 30, 1997.
(However, after the change of land category and conversion of the area, land category has become 684m2). [The grounds for recognition] The each entry in the evidence Nos. 1 and 2, and the purport of the whole pleadings.
2. The assertion and judgment
A. (1) In light of the following circumstances, it is reasonable to view that the Plaintiff’s ground for appeal No. 3 is the same person, in light of the following circumstances, which can be seen by comprehensively taking into account the purport of the entire pleadings in the statement of evidence No. 3: D (hereinafter “actually named person”) and the Plaintiff’s increased portion E (hereinafter “Plaintiff’s increased portion”).
The title holder of the land in this case and the Plaintiff’s increased statement are identical to that of the name, and the Chinese characters are also identical to that of the G.
C entered into the address of the title holder of the land investigation injury was integrated into the G of Macheon-gun, Gyeonggi-do, the legal domicile of the plaintiff's increase and decrease of the land during the Japanese occupation period.
(2) A person registered in the Land Survey Book as a landowner shall be presumed to have become final and conclusive in light of the circumstances, unless there is any counter-proof such as the change of the situation by the adjudication, etc., and the presumption of registration of ownership preservation on the land is revealed to the existence of the person to whom the land was assessed, unless the person to whom the land was assessed is broken and the registered titleholder does not specifically assert or prove the fact of acquisition by succession, and thus, registration of ownership preservation on the land of this case, which is verified to have a separate name of