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(영문) 서울중앙지방법원 2016.09.29 2016가단5022991

소유권말소등기

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. According to the land survey division prepared by the land survey project at the Japanese occupation point period, "the land of this case is not more than 1,310 square meters prior to B in Yangyang-gun of Gyeonggi-do."

[Plaintiff-Appellant] 1914. (Seoul 3 years);

5.1. The Ministry of Gender Equality stated that D residing in the Ministry of Gender Equality was under circumstances.

B. On December 31, 1956, the above land was registered for restoration to the E, F, G, H, and I in Gyeyang-do, Yangyang-gun, G, H, and I. On May 6, 1965, each land listed in the separate sheet in E (hereinafter “each land of this case”) was divided.

C. On January 3, 1941, the Plaintiff, a South-Nam K (Death on October 12, 1939), who died on January 3, 194, succeeded to the property of J by her husband. D.

Meanwhile, the Plaintiff’s permanent domicile was N in Jongno-gu Seoul Metropolitan Government Ldong (the name of the changed administrative district of Seongdong-gu M). The above M was incorporated into the “O of the Hansung division” and “P, etc.” during the Joseon Dynasty, and it was called as “China Q, Q, R” from the time of the Gap’s reform to the administrative district reorganization in 1914.

E. As to each of the instant lands, the Defendant filed for registration of the preservation of ownership in the name of the Defendant as the receipt of No. 3028 of April 7, 1972 with respect to each of the instant lands of the Suwon District Court.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 3, Gap evidence 4-1 and 4-2, the fact-finding results of this court's fact-finding, the purport of the whole pleadings

2. Determination

A. A person registered in the land investigation register for the cause of a claim as an owner shall be presumed to have been determined by the situation as the owner of the land, unless there is any counter-proof such as the change of the situation by the adjudication, etc., and the presumption of registration of preservation of ownership shall be presumed to have become final and conclusive. On the other hand, the registration shall be deemed to be null and void, unless the person to whom the relevant land was assessed, and the registered titleholder fails to specifically assert or prove the fact

In light of the above legal principles, the foregoing case is about the health team.