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(영문) 수원지방법원 2012.09.19 2011가단97191

소유권보존등기말소등

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1. As to the plaintiffs with respect to the land size of 87 square meters and H road 45 square meters in Yeongdeungpo-gu, Suwon-gu, Suwon-si:

A. Defendant Suwon-si

Reasons

1. Facts of recognition;

A. On October 26, 1911, 191, the land-related land-related land-related I Forest land Nos. 1,672 (hereinafter “the land before the instant partition”) was assessed by the Dong K on the GJ of Gyeonggi-gun.

B. The changed Gyeonggi-gun L of the administrative district and name belongs to the Gyeonggi-si M, Gyeonggi-do M, but was newly incorporated into Suwon-si on February 15, 1983, and was incorporated into Suwon-si on July 1, 1988, and was incorporated into Suwon-si on February 1, 1993, and was now incorporated into Suwon-si, Suwon-si, Suwon-si, Suwon-si.

C. The land prior to the instant partition of the assessment land was divided into KRW 40 square meters of O, P forest land 1,622 square meters and Q road 10 square meters prior to the instant partition in 1943 (fire 18 years). The land of this case was divided into KRW 132 square meters of G forest land in Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, and KRW 87 square meters of G forest and H road 45 square meters (this case’s land in this case’s two lots of land, the administrative district of which was changed, as described in the foregoing paragraph b), and divided into KRW 132 square meters on October 13, 19

With respect to each of the instant lands registered in the name of the Defendants, Defendant Suwon-si, ordered the registration as to each of the instant lands.

Each registration of preservation of ownership has been completed as described in the paragraph, and on June 7, 2007, the order No. 1-B was issued in the name of the defendant Gyeonggi-do Corporation on the grounds of gratuitous reversion.

Each registration of ownership transfer in the port was completed.

E. The inheritance network K due to the death of the deceased K and its descendants succeeded as shown in the Plaintiffs’ inheritance shares calculation table due to the death of the deceased K, and the Plaintiffs finally acquired the ownership of each land of this case by the agreement on division of inherited property in accordance with the attached Form.

[Grounds for recognition] The descriptions of evidence Nos. 1 through 43, 45, 46, and 52, and the purport of the whole pleadings.

2. In the absence of counter-proofs such as changes in the content of the land by adjudication, a person registered in the Land Survey Division as a landowner shall be presumed to have been assessed as a landowner and the circumstance becomes final and conclusive (see, e.g., Supreme Court Decision 93Da6091, Oct. 28, 1994).