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(영문) 서울중앙지방법원 2019.12.20 2019가합511661

소유권이전등기

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The land investigation division prepared by the land investigation authority located in the shipbuilding department, the Japanese colonial rule, the Japanese colonial rule, and the land investigation division is registered as the network R by the owners of each land listed in the attached Table 2 (hereinafter “land before the annexation of this case”).

B. The land prior to the instant annexation was merged with the instant land on February 20, 1981.

C. The defendant (Ministry of National Defense) completed the registration of ownership transfer on November 11, 1970 on the land of this case on the ground of donation on February 26, 1970.

The plaintiffs are the successors of the network R.

Inheritance relationship after the death of the network R to the plaintiffs shall be as shown in attached Form 1 household drawings and inheritance shares.

[Reasons for Recognition] Each entry of Gap evidence 1 through 6 (including branch numbers), and the purport of the whole pleadings

2. The land prior to the merger of the Plaintiffs’ assertion is the real estate owned by the Plaintiffs, which was inherited by the Plaintiffs after being subject to the network R.

However, S completed the restoration registration of the land prior to the merger without any legal ground, and thereafter the registration of ownership transfer was completed to the Defendant through T and Seoul Special Metropolitan City.

As such, each ownership transfer registration on the land before the merger of this case is null and void to the defendant, the defendant is obligated to implement the procedure for ownership transfer registration on the ground of the restoration of real name.

The plaintiffs seek a judgment against the defendant, in consideration of the fact that the land before the merger of this case was combined with the land of this case.

3. Determination

(a) A person registered in the Land Survey Book as an owner shall be presumed to have become final and conclusive in view of the circumstances, unless there is any counter-proof, such as the change in the content of the situation by the adjudication, etc., and a person other than the title holder of the preservation registration shall be deemed to have acquired the land in the original condition.