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(영문) 창원지방법원진주지원 2015.05.06 2014가단33907
소유권확인
Text

1. It is confirmed that the Plaintiff is the Plaintiff’s ownership of B 281 square meters and B 1,058 square meters prior to Jinju-si.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Facts of recognition;

A. The previous B 281 square meters and the previous C 1,058 square meters (hereinafter “instant land”) prior to Jinju-si are the land subject to registration conversion in D and E on May 30, 1945, and the current state of not being registered. As to each of the instant land, the ownership column of the former land cadastre drafted on June 20, 1976 is indicated as “the date of change, the owner of the cause of change, the recovery of the cause of change, the address F, and the name G.”

나. 한편 이 사건 토지에 관하여 1942년 내지 1945년 사이에 작성된 구 토지대장에는 이 사건 토지의 소유자가 ‘H[町, 일제 강점기 ’동(洞)‘을 지칭하는 행정구역단위] G’이라고 기재되어 있다.

C. G born in J in Jinju in June 3, 1958, died on June 3, 1958, and the J solely succeeded to the family inheritance and its property. On April 1, 2013, J agreed with other inheritors to divide the instant land into inherited property to solely inherit the instant land.

[Reasons for Recognition] Facts without dispute, Gap's 1 to 3, 6, 7 evidence (including each number), the purport of the whole pleadings

2. The Plaintiff asserted and determined that the instant land was owned by the Plaintiff’s assistance G, and the Plaintiff succeeded to it, and thus, the Plaintiff asserted that the land was owned by the Plaintiff, while the Defendant, only the evidence submitted by the Plaintiff, owned G.

It is argued that G on the land cadastre or land cadastre is not sufficient to view that G is the same as the plaintiff's assistance G.

Even if the name is indicated in the column for the owner of the old land cadastre restored before the amendment of the Cadastral Act on December 31, 1975, such entry cannot be deemed as having a burden of presumption of right (Supreme Court Decision 98Da34485 delivered on September 3, 199). The entry in the former land cadastre as of September 3, 1976 was made on the ground of the owner’s recovery, and thus, it is difficult to view that there is a burden of presumption of right in such entry.

However, according to Article 2 of the old land cadastre Regulation (No. 45 of 24 April 1914).

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