소유권확인 및 소유권이전등기
1. Defendant Republic of Korea confirms that the total area of 420 square meters prior to Suwon-si C is owned by Defendant B.
2. The defendant B.
1. In the absence of counter-proof such as the change of the contents by the adjudication, the person registered as the owner in the land investigation division for determining the claim against the defendant's Republic of Korea shall be presumed to be the owner of the land, and the circumstances are presumed to have become final and conclusive, and the person who received the land circumstances shall acquire the land in a timely manner. Thus, the circumstance-based person without any proof as to the change
The fact that the area of 420 square meters prior to Suwon-si, Suwon-si C (hereinafter “instant land”) is unregistered is not disputed between the parties. In full view of the purport of the entire pleadings in each entry in the evidence Nos. 1 through 6, the fact that the Defendant “B” is indicated in the land investigation register of the instant land as the title holder of assessment; on the other hand, the fact that the former land cadastre restored prior to the enforcement of the Cadastral Act as amended by Act No. 2801 on December 31, 1975 is indicated as “D and two other persons.”
Even if the name of the owner is written on the old land cadastre voluntarily restored for administrative convenience without any legal basis before the enforcement of the amended Cadastral Act, in light of the fact that there is no presumption of right regarding the owner’s matters, it is difficult to view that the transfer of rights was completed with the above old land cadastre (Supreme Court Decision 2010Da21757 Decided July 8, 2010), and so long as there is no other evidence to reverse this, such as that the content was changed by an adjudication, it is reasonable to deem the owner of the instant land as the Defendant B.
Meanwhile, in full view of the evidence mentioned above, Gap evidence Nos. 1-7, and the inquiry reply to the inquiry of the head of Dong Dong in Suwon-si, the land investigation division is merely stated as B, and the personal information such as resident registration number and specific address is not stated, and this court may take the place.