소유권보존등기말소등
1. The defendant shall issue to the plaintiff a senior Korean District Court for each real estate stated in the attached list.
1. Basic facts
A. On January 5, 1947, the net B purchased from C 279 square meters prior to D, E, 82 square meters prior to F, 686 square meters prior to F, and 11 square meters prior to G (hereinafter “each of the instant real estates”);
6. 25. The cadastral record and the registry concerning each of the instant real estates were destroyed by the Dong column.
B. On March 3, 1982, the deceased B completed the registration of transfer of ownership as the receipt No. 1310 on November 8, 1947 with respect to each real estate of this case as a result of the restoration of registration of destruction and loss.
C. On January 28, 2008, the Defendant restored the cadastral record of each of the instant real estate into the real estate indicated in the separate sheet (hereinafter “real estate before the instant partition”) and completed the registration of ownership preservation in the Defendant’s name on December 23, 2014.
The deceased B died on March 26, 1988, and co-inheritors have the Plaintiff, H, I, J, K, etc.
[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 3, 5 to 7 (including branch numbers if there is a serial number) and the purport of the whole pleadings
2. If the registration of ownership transfer is completed with respect to a parcel of land, it is reasonable to deem that the cadastral record was kept at the time of the registration of ownership transfer even in the case where the cadastral record of land is not kept in the competent authority at the present time. Moreover, in order to divide land, it is reasonable to deem that there exists a land cadastre and a cadastral map for a divided parcel of land, barring any special circumstance, barring any special circumstance.
This should be seen to be the same in the case where the registration record for the transfer of ownership has been destroyed and the registration for the restoration of ownership has been completed.
(see, e.g., Supreme Court Decision 2016Da225353, Feb. 21, 2017). Moreover, in cases where a certain piece of land is divided into several parcels, each of the following is applicable to the land that was divided into the land before subdivision.