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(영문) 서울중앙지방법원 2015.12.08 2015가단5062022
소유권말소등기
Text

1. The defendant shall make the registration office of Suwon District Court with respect to the real estate stated in the list of attached real estate to the plaintiff.

Reasons

1. Facts of premise;

A. According to the Land Survey Book drawn up during the Japanese occupation occupation period, Suwon-gun B No. 1,056 (hereinafter “land subject to the instant assessment”) was registered as being under the assessment on May 13, 1911 (Saz. 44 years), but the address of the person under the assessment is not separately stated.

B. On August 15, 1961, the land affected by the instant assessment was written on the land cadastre divided into 44 square meters, 44 square meters, 225 square meters, and 877 square meters, which were classified into the land cadastre, following the change of administrative district.

C. Meanwhile, on August 21, 1995, the registration of ownership preservation was made with respect to the area of 380 square meters in the Suwon District Court, Suwon District Court, the registration office, as the receipt of No. 42525 on August 21, 1995, and thereafter, the Defendant was divided into the area of 273 square meters in the G bank, the area of 273 square meters in the Sinsan-si, H bank 98 square meters in the Sinsan-si, and the area of 9 square meters in the

On July 13, 1950, the plaintiff's fleet C died on July 13, 1950, and he succeeded to Australia, and the J also died on August 28, 1952, and the plaintiff who is his birth succeeded to Australia.

[Ground of recognition] Each entry of Gap 1 through 8, 15, 16 (including paper numbers), and the purport of the whole pleadings

2. Determination on the cause of the claim

A. A person registered in the Land Survey Book as the owner shall be presumed to be the owner of the land, unless there is any counter-proof such as the change in the content of the land by the adjudication, and the situation shall be presumed to have been determined. Therefore, if the person registered in the Land Survey Book as the owner of the land dies, and his/her successor remains, unless there is any circumstance to deem that his/her ownership has been transferred to a third party after the circumstance exists, the successor of the property in the

B. As to the instant case, the entire pleadings are recorded in the Health Team, the facts acknowledged earlier, and the evidence Nos. 7 and 8 (including paper numbers).

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