beta
(영문) 서울중앙지방법원 2016.09.29 2015가단5358174

소유권말소등기

Text

1. The defendant shall support the plaintiff with respect to each land listed in the attached list 1 through 5 at the Jung-gu District Court.

Reasons

1. The fact that the Defendant completed each registration of preservation of ownership on the land listed in the separate sheet Nos. 1 through 5 (hereinafter “each land of this case”) with respect to the land listed in the separate sheet No. 64 on Jan. 19, 1962, and the land listed in the separate sheet No. 64 on Jan. 19, 1962 (hereinafter “the land of this case”) with respect to the land listed in the separate sheet No. 3385 on Jul. 28, 1962 is not a dispute between the parties.

2. As to the claim as to each land B of this case

A. The fact of recognition (1) The land survey division prepared by the Joseon General Co., Ltd. Temporary Land Survey Board is written by D, which is located in the Gyeonggi-do Pakistan-gun B (hereinafter “B”) (hereinafter “B”), as the owner of the EP, the land located in each of the instant land B (hereinafter “instant assessment land”).

(2) On December 29, 1961, the assessment land of this case was divided into 150 F. F. F. F. 150 square meters (the land stated in paragraph (1) of the attached Table after conversion into area and change of administrative district), G. G. 170 square meters, and each land listed in paragraphs 2, 3, 4, and 5 of the attached Table is divided into G. G. 170 square meters.

(3) The Plaintiff’s prior owner of H had his permanent domicile in I, but upon the death of H on January 10, 1923, the J succeeded to the status of her son on July 7, 194, and succeeded to her son upon the death of J on July 7, 194. The Plaintiff et al. succeeded jointly to the status of her son on March 16, 1979.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 10, 13, 18, and 19 (including additional numbers), the purport of the whole pleadings

B. A person registered as an owner in the land investigation register for the cause of a claim shall be presumed to have been determined by the circumstances, unless there is any counter-proof such as the change of the circumstances by the adjudication. The presumption of registration of preservation of ownership is broken if a person other than the title holder of preservation registration is found to have received the assessment of the relevant land, so the title holder shall specifically succeed to and acquire the relevant land.