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(영문) 의정부지방법원 2016.08.19 2015가단17517 (1)
소유권이전등기
Text

1. The defendant shall attach the attached Form 397 square meters of H forest land in Yangju-si to the plaintiff (Appointeds), the designated parties, B (C), D (E) and F (G).

Reasons

1. Basic facts

A. On October 1, 1917, the Forest Survey Division prepared in the Japanese colonial Period entered into the Forest Survey Division, stating that the J having an address in the Gyeonggi-do Yang-gun, Yangju-gun, Yangju-gun, Gyeonggi-do H 4 Forest land (the land indicated in paragraph (1) refers to the land indicated in paragraph (1); hereinafter referred to as the “instant land”) was under the circumstance of the J on October 1, 1917.

B. As to the instant land, the Defendant completed the registration of ownership preservation (hereinafter “registration of ownership preservation”) as the receipt No. 24890 of May 3, 1996 by the Government Registry of the District Court’s District Court.

C. On January 19, 1918, L, the Plaintiff’s permanent domicile in the “K of Yangju-gun, Gyeonggi-do,” the Plaintiff’s fleet, died on January 19, 191, and M became the sole heir, N, SelectionO, P, Selection, Q, Selection, R, S, and the Plaintiff’s co-inheritors. On November 27, 1991, S died and died on November 27, 1991, and C, as designated co-inheritors, P, Q, Selection, B, D, F, and the Plaintiff’s final heir’s share of inheritance; P, on September 20, 206, P, on the death of the deceased on September 20, 206, P, U.V.’s final heir and the heir’s share of the heir, 100 M&D, 101, 14, 201, 10, 201, 14, 10.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 6 (including branch numbers, if any) and the purport of whole pleadings

2. Determination

A. A person registered in the Land Survey Book or the Forest Survey Book as a landowner shall be presumed to have been assessed as a landowner unless there is any counter-proof that the situation has been changed by an adjudication (see, e.g., Supreme Court en banc Decision 84Meu1773, Jun. 10, 1986). In a case where the title holder of the ownership preservation registration is presumed to be the owner, but it is proved that there is a separate person who received the assessment of the land in question.

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