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(영문) 서울중앙지방법원 2016.11.14 2016가단5091881
소유권이전등기
Text

1. The defendant shall apply to the plaintiffs' share in inheritance by each plaintiff listed in attached Table 1 among the real estate listed in attached Table 2.

Reasons

1. Basic facts

A. According to the Gyeonggi-do Li land survey division prepared by the land survey project of the Japanese occupation point period, M means that M was assessed on October 26, 1911, which was 687 square meters (hereinafter “pre-division land”), and the address column is not indicated.

B. Since then, the land before subdivision was divided into each real estate listed in the separate sheet 2 (hereinafter referred to as “each land of this case,” and individually referred to as the sequences), and the Defendant completed each registration of ownership preservation on the land of this case on February 1, 1991, and on the land of this case on June 29, 199.

C. The name of the owner on the surface of the land in this case, which was partitioned from the land before subdivision, is written M, and the name of the owner on the surface of the land in this case 1 and 3 is written as the country in terms of the ownership on the surface of the land in this case.

On April 15, 1975, the Plaintiff’s prior O (the main domicile of the Plaintiff) died on April 15, 1975, and thereby Q, G, and R jointly succeeded to the property of Q, who were his children, due to the death of Q on May 16, 1980.

After that, on August 3, 1998, U.S. established Plaintiff D and Plaintiff E, whose spouse is his spouse, and on March 4, 2012, R established Plaintiff I, J, and K, which is its wife, and on September 26, 2013, S established Plaintiff B and C, whose wife is Plaintiff A and children, and eventually succeeded jointly at each inheritance share listed in attached Table 1.

【Ground for Recognition: Facts without dispute, entry in Gap 1 through 9 (including each number in the case with a separate number), the purport of the whole pleadings】

2. Determination:

A. (1) Legal doctrine: (a) Presumption of registration of initial ownership relating to land is invalid, unless a person to whom the land was assessed is broken if it is revealed that there is another person to whom the land was assessed, and the registered titleholder does not specifically assert or prove the acquisition by succession.

Supreme Court Decision 2005No. 26 Decided May 26, 2005

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