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(영문) 서울중앙지방법원 2015.01.29 2013나63423

소유권보존등기말소

Text

1. Revocation of a judgment of the first instance;

2. The Defendant shall have jurisdiction over the Plaintiff with respect to the area of 3,66 square meters prior to Seocheon-si.

Reasons

1. Facts of recognition;

(a) In the Land Survey Division prepared during the Japanese Occupation Period, D with the domicile of 1,109 square meters in the same Gun C in the area of 3 years (3 years, 1914) ;

3.10. It shall be written as being examined; and

B. The 1,109 square meters prior to the Gyeonggi Macheon-gun B became 3,66 square meters prior to B (hereinafter “instant land”) through the change of administrative district and the conversion of the area.

C. On October 18, 1995, the defendant completed registration of preservation of ownership of the land of this case. D.

On April 17, 1947, the Plaintiff’s prior network D, the domicile of which is Gyeonggi-Ma-gun E, was deceased on April 17, 1947, and the deceased family heir, the deceased on February 16, 1962, the deceased on February 16, 1962, and the deceased on February 16, 1962, the deceased on May 17, 196, there are South-Nam G, South-Nam, and South-Nam.

[Ground of recognition] The fact that there has been no dispute, each entry of Gap's 1 through 4 (including each number), and the purport of whole pleading

2. The assertion and judgment

A. The Plaintiff’s assertion that the land of this case was inherited by the Plaintiff following the Plaintiff’s prior approval D, and thus, the Defendant’s above registration of preservation of ownership was null and void. Therefore, the Defendant is obliged to implement the procedure for registration of cancellation of registration of preservation of ownership completed in the name of the Defendant to the Plaintiff.

B. (i) Unless there is any counter-proof that the substance of the land is changed by the adjudication, a person registered in the land investigation register as the landowner at the time of original acquisition of the land in this case, who is the title of assessment, is presumed to have been the owner of the land, and the circumstances are presumed to have become final and conclusive (see, e.g., Supreme Court Decision 84Meu1773, Jun. 10, 1986). The Addenda of the former Land Investigation Decree (Ordinance No. 2, Aug. 13, 1912) provides that “a disposition, speed, and other acts performed in accordance with the previous provisions shall be deemed to have been performed in accordance with this Ordinance.” Thus, the former Land Investigation Ordinance changes the content of the land investigation register before the previous Land Investigation Ordinance.