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1. The Defendant received on June 30, 1997 from the Plaintiff on the 5,864 square meters prior to Seocheon-si District Court in Macheon-si.
Reasons
1. Basic facts
A. Nonparty C was under circumstances around March 1, 1914, at KRW 3,251,00,000,000,000.
B. On June 29, 1966, E (former, 784), F (former, 529 square meters), B (former, 1774 square meters; hereinafter “instant land”) and G (former, 164 square meters), and 164 square meters.
C. Meanwhile, the registration of ownership preservation completed on June 30, 1997 as the receipt No. 21187 of the received on June 30, 1997 with respect to the land of this case was completed in the future of the defendant.
C, upon the death of March 18, 1936, upon the assessment of the instant land, the Plaintiff, a female of C, succeeded to the said C’s property.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 5, each statement of Nos. 7 (including branch numbers), the purport of the whole pleadings
2. Unless there is any counter-proof such as the change of the content of the land investigation register as to the cause of the claim, a person registered as the owner in the land investigation register shall be presumed to have become final and conclusive, and the ownership preservation registration shall be presumed to have become void. Since the record of ownership preservation is broken when a person other than the title holder of the preservation registration is found to have received the assessment of the relevant land, the registration shall be deemed null and void unless the title holder asserts and proves his/her acquisition by succession (see, e.g., Supreme Court Decision 2002Da43417, May 26, 2005). The former Cadastral Act (Act No. 2801, Dec. 31, 1975; hereinafter referred to as the “Revised Cadastral Act”) wholly amended on December 31, 1975, the matters concerning the owner of land cadastre shall not be arbitrarily registered without the real estate register or final judgment (Article 810 of the Enforcement Decree of the Cadastral Act, Article 10 of the Addenda of the Cadastral Act).
Even if there is a presumption of right, the statement can be admitted.