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(영문) 서울중앙지방법원 2014.11.19 2014가단54555
소유권보존등기말소
Text

1. The defendant, on May 23, 1996, filed with the plaintiff a Suwon District Court in relation to the area of 608 square meters in Sunam-si, Sunam-si.

Reasons

1. Facts of recognition;

A. On July 30, 1911, the land assessment division of the Dong-ri, Seocheon-gu, Gwangju-gun entered the fact that C had changed the name of the administrative district into the Jeju-gun D 184 square meters (hereinafter “Hanam-si B”); and the address of the said C is a disturbance.

B. 1) Inheritance Relationship 1) On April 9, 1945, C, whose permanent domicile is in Gwangju-gun E, died and its children F, became the head of Australia and the heir of property. 2) On September 3, 199, F, G, H, and I jointly succeeded to its property on the part of the Plaintiff, G, H, and I.

C. The defendant completed registration of initial ownership preservation on May 23, 1996 on the land of this case, and completed registration of initial ownership preservation entered in the order.

(hereinafter "Registration for Preservation of Ownership of this case"). 【No dispute exists, entry of Gap 1 through 4, the purport of the whole pleadings and arguments

2. Determination

A. As shown in the above facts of recognition, C and C, who is the name of the situation of the instant land, are identical to the Plaintiff’s Chinese name, and since the address of C, who is the name of the land of this case, is vacantly in the land investigation division, the address of C, which is the name of the situation of the instant land, appears to have been the same as the location of the instant land (see Supreme Court Decision 80Da2327, Jul. 27, 1982). As such, it is reasonable to view C and the Plaintiff’s fleet C as the same person.

Therefore, C acquired the land of this case in its original condition, F, a family heir, succeeded to it, and due to the death of F, the Plaintiff acquired the ownership of the land in accordance with his inheritance shares.

B. A person registered in the Land Survey Book as a landowner shall be presumed to have been assessed as a landowner unless there is any counter-proof such as the change of the circumstances by adjudication (see Supreme Court Decision 84Meu1773, Jun. 10, 1986). The presumption of registration of preservation of ownership is determined by a person other than the title holder of the said registration for preservation of ownership.

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