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(영문) 서울중앙지방법원 2016.07.22 2015가단5287296
소유권말소등기
Text

1. The defendant shall be the plaintiff.

A. On March 12, 1996, Suwon District Court in relation to the size of B 783m2 prior to the Gyeonggi-si.

Reasons

1. Basic facts

A. The Land Survey Board prepared by the Joseon General Co., Ltd. Temporary Land Survey Board is indicated as the owner of approximately 381 square meters (hereinafter “instant assessment land”) in Gyeonggi-gun F. 381 square meters (hereinafter “instant assessment land”).

B. On November 30, 1960, the assessment land of this case was divided into 237 square meters and 144 square meters prior to the Sinju-gun, Gyeonggi-gun, and 1960. The assessment land of this case was divided into 783 square meters and C river 476 square meters prior to the Sinju-si, Gyeonggi-do, following the procedure of land category change, the registration of conversion into the area,

C. On the other hand, G, the Plaintiff’s fleet, had a permanent domicile in G, which had been established in Gyeonggi-do, but upon the death of the said G on June 25, 1929, H inherited the property of G as a family heir, and H died on August 4, 1980, and children and grandchildren, including the Plaintiff, who were the grandchildren, jointly inherited or inherited the H’s property.

The Defendant completed the registration of the preservation of ownership in the name of each of the Defendant (hereinafter “each of the instant registrations”) under the name of Suwon District Court No. 4926, Mar. 12, 1996, with respect to the area of 783m2 in Suwon District Court, which was received as of Mar. 12, 1996, and the area of 476m2 in C river, as of the area of 15510m2 in July 19, 1996.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 8, 9, 10, and 11 (including paper numbers), the first chapter of this court, the result of the fact inquiry into the female market, and the purport of the whole pleadings

2. A person registered as an owner in a land investigation register for the cause of a claim shall be presumed to have been determined by considering the situation as the owner of the land, unless there is any counter-proof such as the change of the situation by the adjudication, etc.

Supreme Court Decision 82Da605 Decided February 22, 1983, Supreme Court Decision 82Da605 Decided February 22, 1983.

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