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(영문) 의정부지방법원 2017.10.20 2017나201966

소유권말소등기

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 1, 1913, the network F with the domicile in Gyeonggi-do E was assessed on the 2,626 square meters prior to C (hereinafter “instant land”).

B. The above F died on February 15, 1940, and G succeeded solely to it.

G died on December 30, 1996 after having left wife H and children I, J, Plaintiff, and K (hereinafter “Plaintiff, etc.”)

C. Meanwhile, on March 16, 1965, the Defendant completed the registration of initial ownership (hereinafter “registration of initial ownership”) as the registration No. 1556, which was received on March 16, 1965 by the Jung-gu District Court’s annual District Court Registry No. 1556 regarding the instant land.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4-3, fact-finding results on L/C of the first instance court, the purport of whole pleadings

2. In the absence of counter-proofs, such as the change of the content of the situation by an adjudication, a person registered as the owner in the Land Survey Division or the Forest Survey Division on the cause of the claim is presumed to have become final and conclusive, and the person who received the assessment of the land shall be deemed to have acquired the land in the original condition (see Supreme Court Decision 90Da13413, Apr. 26, 191). The presumption power of registration of preservation of ownership on the land is to be clear if there is a separate person in the circumstances of the land, and the registration of preservation of ownership is to be void unless the registered titleholder fails to prove the acquisition by succession.

(1) In light of the above legal principles, the registration of preservation of ownership in the name of the Defendant with respect to the instant land inasmuch as it is found that F, the Plaintiff’s fleet, had undergone the assessment of the instant land in light of the above legal principles, the registration of preservation of ownership in the name of the Defendant with respect to the instant land inasmuch as it is found that F, who was the Plaintiff’s fleet, obtained the assessment of the instant land in light of the above legal principles, was de facto and invalid.

Therefore, the defendant is obligated to cancel the registration of ownership preservation in the name of the defendant with respect to the land of this case to the plaintiff, unless there are special circumstances.