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(영문) 서울중앙지방법원 2017.12.20 2017가단5062446
소유권말소등기
Text

1. The defendant shall receive on March 25, 1969 from the plaintiff the Suwon District Court with respect to the area B 1,091 square meters in Suwon-gun in Gyeonggi-do.

Reasons

1. Basic facts

A. The Forest Survey Division prepared by the Korea Land Survey Board in the Korea Land Survey Board in the Korea Land Survey Board is indicated as being an assessment by E having the address in Suwon-gun D, Suwon-gun C Forest land (hereinafter “instant assessment land”).

B. The Plaintiff F had the same land situation and Chinese name, and the permanent domicile was Suwon-gun G. However, it was not possible to find the name of Dong whose permanent domicile was located in the above D at the time of the Plaintiff’s Japanese occupation, except for the Plaintiff’s Japanese occupation.

C. The Plaintiff’s prior F died on April 7, 1963. He died on July 22, 1974, H, his son, and on October 25, 2004, the Plaintiff, etc., the wife of I, succeeded to F’s entire property.

The assessment land in this case was restored on April 1, 1967, and the land cadastre was restored to the land cadastre 1, 1967, and was 1 m3,074 square meters in Gyeonggi-do through the conversion of the area into the area on January 31, 197, and was divided into J 3,074 square meters in Gyeonggi-do on July 29, 1978 and J 1,983 square meters in Gyeonggi-do and B 1,091 square meters in Seosung-gun in Gyeonggi-do (hereinafter “instant land”).

E. On March 25, 1969, the Defendant filed for registration of preservation of ownership (hereinafter “registration of preservation of this case”) on the land of this case with the Suwon District Court Seosung registry office as of March 25, 1969.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 6 (including each number), the purport of the whole pleadings

2. Determination on the cause of the claim

(a) A person registered in the Forest Survey Book as an owner shall be presumed to be the owner of the relevant land unless there is any counter-proof such as the change in the assessment by the adjudication, and the presumption of ownership preservation shall be broken if it is found that a person other than the title holder was the assessment of the relevant land;

B. According to the above facts, E, a title holder of the assessment of the assessment land of this case, is the same person F with the Plaintiff’s prior owner, and is naturally acquired the said land. The preservation registration of this case in the name of the Defendant as to the instant land divided from the assessment land of this case.

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