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(영문) 수원지방법원성남지원 2017.11.29 2017가단210470
소유권보존등기말소 청구 등의 소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The land survey division of the shipbuilding General Preliminary Land Survey Board is written by the I, who was residing in H with respect to each share of the 1/2 of the 225th, D 59th, E 135th, F 627th, and G 723th, respectively.

B. The above land became each land indicated in the separate sheet (hereinafter “each of the instant land”) following land category change, administrative district change, and area conversion.

C. As to each of the instant lands, Suwon District Court Sung-nam Branch Office of Gwangju District on July 25, 1968 (No. 8294) received on July 25, 1968, each registration of ownership preservation was made in the name of J. The registration of ownership preservation was completed through K and L, and the registration of ownership transfer was completed in the name of Defendant Republic of Korea as of April 20, 2004 (No. 21928).

M deceased on February 1, 1979 and jointly succeeded to the property of the plaintiff, N, and grandchildO, who is his child, and the defendant B solely succeeded to J.

[Ground of recognition] The fact that there is no dispute, entry of Gap's evidence 1 or Gap's evidence 9 (including a branch number), and the purport of whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, I, the name of the assessment of each of the lands of this case, and M, the Plaintiff, the owner of the land of this case, shall be deemed to be the same person. Meanwhile, inasmuch as there is no counter-proof such as the change of the situation by the adjudication, the person registered as the owner of the Land Survey Division or the Forest Survey Division, it shall be presumed that the situation was determined as the owner of the land and the situation was determined. Thus, the Plaintiff, the Plaintiff’s fleet M acquired each

Therefore, registration of preservation of ownership in the name of J as to each of the lands of this case is a registration of invalidation of cause, barring any special circumstance, and registration of transfer of ownership in the name of the defendant Republic of Korea is also a registration of invalidation of cause. Thus, the defendants are one of the successors of each of the lands of this case, and thus, it is deemed preservation.

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