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(영문) 서울중앙지방법원 2015.09.01 2015가단5081146
소유권말소등기
Text

1. The defendant on December 12, 1995, as to each land listed in the separate sheet to the plaintiff.

Reasons

1. Facts of recognition;

A. Land assessment and division 1) The land assessment division of Gyeonggi-si B (the name of the administrative district is changed to C) of Gyeonggi-do (the name of the administrative district is changed to C) is written in the land assessment division of E residing in Yangyang-gun D, which is written in the 35th and the 829th and 829th of G. 2) the 35th and 35th of the F in Yangyang-gun was written in the attached Table 1 due to a change in the name of the administrative district, a change in the size of the area, etc., and the land listed in the attached Table 2 and 3 is part of the divided land after the 829th and that of G was divided

B. 1) On February 7, 1931, E, the permanent domicile of which is located in Gyeonggi-gu H, G, the Plaintiff succeeded to his/her property on September 10, 1970 after I died. 2) The Plaintiff died on September 10, 1970 and succeeded to his/her property.

3) At the time of the assessment of the instant land, there was no person having the same name as the Plaintiff’s assistance division in Gyeonggi-si. C. The Defendant’s registration of preservation of ownership on December 12, 1995 each land listed in the separate sheet (hereinafter “instant land”).

2) As to the registration of initial ownership as stated in the order (hereinafter “registration of initial ownership”)

Upon completion of the proceedings. [The fact that there is no dispute over the basis for recognition, each entry of Gap 1 and 5 evidence, the fact inquiry results on both pages C, the purport of the whole pleadings.

2. Determination

A. 1) Determination as to the cause of a claim is based on the premise that, unless there is any counter-proof such as that the content of the situation has been changed by an adjudication, a person registered in the land investigation division as a landowner is presumed to be the owner of the land and the circumstance has become final and conclusive (see, e.g., Supreme Court Decision 84Meu1773, Jun. 10, 1986). If the presumption of ownership preservation registration was revealed that a person other than the title holder of the preservation registration was in the relevant land, the presumption of ownership preservation registration was revealed to have undergone the relevant land assessment (see, e.g., Supreme Court Decision 94Da23524, Apr. 28, 1995). 2) The following circumstances revealed in the above recognition, namely, the following circumstances: E, the title holder of the situation, and the name and address of

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