The presumption of registration of the owner of the land investigation injury;

A person registered in the Land Survey Book as a landowner shall be presumed to have been assessed as a landowner unless there is any counter-proof that the content of the land has been changed due to the adjudication, etc.

Articles 186 and 187 of the Civil Act

Supreme Court en banc Decision 84Meu1773 Decided June 10, 1986 (Gong1986, 868)

Jin-Jin-Jin Law, Attorney White-hin-hin

Korea

Seoul Civil District Court Decision 88Na35716 delivered on July 18, 1989

The judgment of the court below is reversed, and the case is remanded to the Panel Division of the Seoul Civil Procedure District Court.

The grounds of appeal by the defendant litigant are examined.

According to the reasoning of the judgment below, the court below acknowledged the fact that the land of this case was originally owned by the temple, and was in trust in the name of the deceased at the time of the land situation, and was in the name of the above deceased, and determined that the land of this case was owned by the above deceased, and is currently owned by the administrator of the inherited property of the above deceased.

However, even after examining the descriptions of evidence Nos. 1 (former land cadastre), 7,8, and 9 (each protocol of examination of witness), which are evidence employed by the court below, and each of the testimonys at the court of first instance, Kim Yong-mar and the court of second instance and the court of second instance, there is no evidence to prove the fact that the land of this case was examined under the name of the deceased at a certain time, such as the time of original adjudication.

Rather, according to the evidence No. 1 (Land Survey Book) without dispute in the establishment, it is recognized that the land survey division was registered in the land survey division in the name of the defendant for about 114 site in the name of the 1912-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri, which appears to be the land prior to subdivision of the instant land. As long as there is no counter-proof such as the change of the situation by the adjudication, a person registered in the land survey division as the land owner is presumed to be the land owner and the circumstance becomes final and conclusive (see, e.g., Supreme Court Decision 84Meu1773, Jun. 10, 1986). In addition, even if the above evidence No. 9 employed by the court below was purchased the instant land at around 1920, it is true that the above

As a result, the judgment of the court below committed an illegal act that affected the conclusion of the judgment by misunderstanding evidence judgment, which constitutes a ground for reversal under Article 12(2) of the Act on Special Cases Concerning the Promotion, etc. of

Therefore, the judgment of the court below shall be reversed and remanded, and it is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Sang-won (Presiding Justice) Lee Jong-won (Presiding Justice)