beta
Text
1. The defendant shall accept, on May 28, 1996, the Suwon District Court of the Republic of Korea with respect to the size of 384 square meters on the B road in Sungsung-si.
Reasons
1. Basic facts
A. 1) The Land Survey Division for Suwon-gun C prepared by the Land Survey Authority on the land of this case (hereinafter “Land Survey Division”).
Suwon-gun C previously 128 square meters (hereinafter “the land before the instant partition”).
(2) On July 26, 1911, the land of this case was divided into the land before the instant subdivision, and the register, etc. was destroyed due to the incident, and later the land cadastre that was restored at the time was registered as the “E” where the owner is residing in the “E”, which was located in the “U.S. Military Manpower D,” on July 26, 191.
B. On May 28, 1996, the Defendant completed the registration of preservation of ownership of the instant land (hereinafter “registration of preservation of ownership”) by the head of Suwon District Court No. 29130 on the instant land, which was received by the registry office of Sungwon District Court.
C. On September 1, 1919, an inheritance-related Plaintiff’s father E (E; hereinafter “the deceased”) died on September 1, 191, and succeeded to the deceased’s property to the south of the Republic of Korea. The deceased on April 10, 1951, the deceased deceased on the deceased’s property, and the deceased deceased on September 6, 1952, the deceased deceased on the deceased’s sole inheritance of the deceased’s property. The deceased on September 6, 1952, the Plaintiff, who was the Dong, succeeded to the deceased’s property.
[Grounds for Recognition: Facts without dispute, entry of Gap 1-12 evidence, purport of the whole pleadings]
2. Determination:
A. 1) Determination as to the cause of the claim is that a person registered in the Land Survey Book as an owner has no counter-proofs such as the change of the situation by the adjudication, and the circumstance is presumed to have been determined, unless there is any counter-proofs such as the change of the situation by the adjudication. The presumption of registration of preservation of ownership is broken if it is found that a person other than the title holder of the preservation registration was subject to the assessment of the relevant land (see, e.g., Supreme Court Decision 95Da46654, 46661, May 23,