logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원평택지원 2015.11.03 2015가단6901
소유권보존등기말소
Text

1. The defendant shall receive, on September 25, 1995, the Suwon District Court's Ansan registry office with respect to the size of B 321 square meters on the road in Ansan-si to the plaintiff.

Reasons

1. Facts of recognition;

A. On September 10, 1912, the Ministry of Land Survey of Gyeonggi-gun C: (a) stated that E in Yang-gun D was about 6,796 square meters of forest land in Gyeonggi-gun on September 10, 1912.

B. The land of this case is divided into 124 forest land and 6,796 square meters in Ansan-si B road (hereinafter “instant land”).

C. E dies on February 12, 1932, and after the death of the head of the household, G, as the inheritor of the head of the household, was succeeded to the property, but the head of H, after G’s head of the household, I succeeded to the succession of the head of H on March 23, 1952 and became the inheritor of the sole property.

I died on September 23, 2004, and died, the spouse J, the son, the Plaintiff K, and L were co-property successors. On April 2014, 2014, the co-property successors agreed on the division of inherited property to be solely owned by the Plaintiff.

The Defendant completed the registration of ownership preservation (hereinafter “registration of ownership preservation”) of Suwon District Court No. 24613, Sept. 25, 1995, which was received on September 25, 1995, following the procedure for public announcement of unregistered real estate.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 6, Eul's evidence 3 (including branch numbers), the whole purport of pleading

2. Determination

A. In the absence of counter-proofs such as the change of the circumstances by the adjudication, a person registered as a landowner in the land investigation register for the cause of a claim shall be presumed to have been determined by the circumstances, unless there is any counter-proof by the adjudication (see, e.g., Supreme Court Decision 84Meu1773, Jun. 10, 1986). If it is found that a person other than the title holder of the preservation registration was under the circumstances of the land in question,

(See Supreme Court Decision 94Da23524 delivered on April 28, 1995). The instant case was deemed to have been owned by E, the Health Center, the Gyeonggi-do Forest Forest in the Gyeonggi-gun, which was the land before the land was divided into the instant land, and the fact that the Plaintiff solely inherited the instant land divided from the said forests and fields through E’s descendants is identical to the fact that the Plaintiff solely inherited it through E, and thus, other special circumstances exist.

arrow