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(영문) 서울중앙지방법원 2017.06.29 2016가단5153758
소유권보존등기말소등 청구
Text

1. The Defendant indicated the attached Form No. 2,043 square meters of the Gyeonggi-do Mine-si Road 2,043 square meters in Gyeonggi-do, and the Defendant shall be the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 24, 1910 at the time of the land investigation conducted during the Japanese colonial period, Gyeonggi-do Seoul Special Metropolitan City C (hereinafter “Seoul Special Metropolitan City”). According to the former Land Survey Decree (Ordinance No. 1350, Aug. 13, 1912; Ordinance No. 251, Aug. 13, 1912) and the Rules of the Provisional Land Survey Bureau, if the owner’s address is the same as the location of the land, the land survey division is required to omit the entry of the address.

D is the land identified as the owner.

B. On February 26, 1917, the Plaintiff’s prior net E resided with his permanent domicile in Gwangju-gun F, Gyeonggi-do, and died on February 26, 1917, and the deceased deceased on August 15, 1965, G succeeded to Australia by the deceased on August 15, 1965. H died on November 30, 1993, and the Plaintiff, etc., his spouse, jointly succeeded to the deceased.

C. Meanwhile, on September 30, 1964, the land before subdivision was divided into 49 square meters prior to Gwangju-gun, J road 115 square meters, and K river 597 square meters, and the cadastral restoration was conducted. Of which, the J road 115 square meters (hereinafter “instant land”) was combined into 380 square meters prior to Gwangju-si, Gyeonggi-do, by means of the area conversion registration and change of administrative district, and the land was divided into 2,043 square meters prior to the subdivision.

(The part corresponding to the land of this case among B roads after annexation is 380 square meters per place under paragraph (1) of this decision).

On March 14, 1996, the defendant completed the registration of preservation of ownership (hereinafter referred to as the "registration of preservation of this case") such as the entry in the order concerning the roads B in Gwangju-si.

[Ground for Recognition]: Facts without dispute, entry of Gap 1 through 4, and evidence 6, and purport of the whole pleadings

2. Determination on the cause of the claim

(a) A person registered in the Land Survey Book shall be presumed to be the owner of the land unless there is any counter-proof such as the change in the circumstances by the adjudication, and the presumption of ownership preservation shall be broken if it is found that a person other than the holder of the land was the assessment of the land in question;

B. The Plaintiff is the Plaintiff’s fleet E, a title holder of the land before the division.

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