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(영문) 의정부지방법원 2019.07.10 2018가단120742
소유권보존등기 말소 청구의 소
Text

1. The defendant shall receive on October 9, 1996 from the plaintiff the Macheon-si District Court with respect to the size of 2876 square meters prior to Dongcheon-si.

Reasons

1. Basic facts

A. According to the Forest Survey Division drawn up in the Japanese occupation point period, C is indicated as being subject to the assessment of Pocheon-si B (hereinafter “instant land”).

B. As to the instant land, the Defendant completed the registration of ownership preservation (hereinafter “registration of ownership preservation”) by Law No. 28864, Oct. 9, 1996, the District Court Macheon District Court Macheon Branch Office (hereinafter “Macheon Branch Office”).

C.D died on November 4, 1930, and E, South-North, Australia and the property were inherited.

E was the Plaintiff, G, H, I, and J, who is the wife and children, but the G, H, I, and J died without the heir before the death of the E, and the F died on June 29, 1989 and eventually the Plaintiff solely inherited the E’s property.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 7, the purport of whole pleadings

2. Determination on the cause of the claim

(a) Any person who is listed in the Land Survey Division or the Forest Survey Division shall be presumed to have been identified as the owner of the land inasmuch as there is no reflective evidence such as any change in the contents of the situation by the adjudication, and the person who is under the condition of the land shall acquire the land at the

(2) The Majority Opinion states that the registration of ownership preservation shall be null and void, unless a person other than the title holder of the relevant preservation registration, inasmuch as the ownership holder does not assert or prove the fact of acquisition by succession (see, e.g., Supreme Court Decision 96Da16247, Jun. 28, 1996). Meanwhile, in a case where a person asserts in a lawsuit that he/she acquired his/her ownership by inheritance as a successor of the title holder, the identity of his/her prior and the title holder of the circumstances shall be strictly proved, and the judge shall be able to have conviction in such a case, and it shall not be inferred without permission, even though there are circumstances suspected of doubt as to such fact.

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