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(영문) 서울중앙지방법원 2016.05.30 2015나49834
소유권확인
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Basic facts (no dispute between the parties);

A. Each registration of preservation of ownership in the name of the defendant was completed on each date stated in the claim column for each land listed in the separate sheet (hereinafter referred to as “each land of this case” in accordance with the separate sheet Nos. 1, 2, and 3, and all of them are referred to as “each land of this case.”

B. The Plaintiff’s conciliation division B died on May 3, 1942, and the Plaintiff’s conciliation division C died on May 21, 2013.

2. Whether the Plaintiff’s conciliation division B received the assessment of each of the instant land

A. From the fact that a certain person’s name is indicated in the cadastral support map, it cannot be promptly presumed that the person was the owner of the land. However, the land research division, which is a public book for assessment, is prepared based on the spot investigation register prepared based on the descriptions of the cadastral support map. Thus, such fact is a flexible material that makes the person to be considered as the owner of the land (see Supreme Court Decision 9Da4005, Apr. 7, 200).

According to Gap evidence Nos. 1, 2, 8, 12, 13, 14, and Gap evidence Nos. 11-1 and 2, "B" is indicated on the "D Wondo", which is indicated as the "Whodo completion on August 5, 1915, and on the "D Wondo completion on September 6, 1915," each land of this case and L/C of this case or on the corresponding lot number column. The registration register on each land of this case appears to have been listed as the owner of the Korean War, and the plaintiff's birth place is F. C of the plaintiff's birth place, and the above C of this case's permanent domicile was entered as the M&M in the Namnam-gun on April 30, 1923 (1960) and the relation between the plaintiff's land of this case can be fully acknowledged in light of the above legal principles.

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