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(영문) 수원지방법원 2019.03.26 2018가단506205

소유권이전등기

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1. The defendant is based on the restoration of the real name with respect to the land size of 353 square meters in Yeongung-gu B in the time of the plaintiff's permission.

Reasons

1. Facts of recognition;

A. The land research division prepared during the Japanese occupation point period is indicated by the F, which has the address in the original register E, of 51 square meters, 51 square meters, and 98 square meters prior to D (hereinafter referred to as the “land parcel number”) in the land research division prepared on November 18, 1911.

B. On September 16, 1974, land C and D were 72 square meters (hereinafter “instant previous land”) that were divided from land C and D, and the land was 107 square meters (hereinafter “instant previous land”).

Since then, the above land B became 353 square meters of land B in Yeongdeungpo-gu, Seoul Metropolitan City (hereinafter “instant land”) after conversion into the area unit, administrative district, and land category change.

C. On March 7, 1996, the Defendant completed the registration of initial ownership in relation to the land of this case as the receipt of Suwon District Court's Suwon District Court's receipt of 11833.

(hereinafter “instant registration of ownership preservation”). D.

On November 24, 1936, the plaintiff who had his permanent domicile in Suwon-si H, died, and the J, South-Nam, the Republic of Korea, due to the death of November 24, 1936, and after the death of the J on July 30, 1950, K, the Republic of Korea, the Republic of Korea, succeeded to the inheritance of Australia.

Since September 14, 2006, K died on September 14, 2006, and after consultation on the division of inherited property between the plaintiff and L, the plaintiff inherited the right to the land of this case independently.

[Ground of recognition] Facts without dispute, Gap 1-8, 11, Eul 1 (including additional numbers), the purport of the whole pleadings

2. The assertion and judgment

A. Determination on the cause of a claim 1) Persons registered in the Land Survey Division under the former Land Survey Ordinance shall be presumed to be the landowner, unless there is any counter-proof that the content of the land has been changed by adjudication, etc., and the circumstance has become final and conclusive. Therefore, if a person who was registered in the Land Survey Division as the situation of a certain land dies and his/her heir remains, unless there is any circumstance to deem that his/her ownership has been transferred to a third party, the heir of the property in the circumstance shall be deemed to be the owner of the land (see, e.g., Supreme Court Decision 201Da3248