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(영문) 의정부지방법원 2014.02.11 2012가단50575
소유권보존등기말소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. According to the Land Survey Book drawn up in the Japanese Occupation Period, the land Survey Book was written on September 10, 1913 (Seoul High Court Decision 2000Du15460, Sept. 10, 200).

B. The instant land was subsequently divided into each real estate listed in the separate sheet (hereinafter “each of the instant land”).

C. The Defendant completed the registration of preservation of ownership in the name of the Defendant (hereinafter “registration of preservation of ownership in the name of the Defendant”) under No. 42519, which was received on July 25, 1996, with respect to each of the instant lands by the Government District Court’s Office of District Court.

On April 23, 1945, E, the plaintiff's father, had lived with F, a permanent domicile at Yangju-si.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap 1 through 4 (including virtual number) and the purport of whole pleading

2. The Plaintiff’s assertion that the land of this case was an original acquisition under the circumstances of the Plaintiff’s father, E, and the Plaintiff acquired ownership by donation from the above E.

However, the defendant, without permission, has completed the registration of preservation of ownership in the name of the defendant, thus seeking cancellation thereof.

3. In the absence of counter-proofs, such as the change of the content of the land investigation register as the owner by the adjudication, a person who is registered as the owner of the land shall be presumed to have become final and conclusive, and such land shall be acquired in the original condition. The presumption of preservation of ownership shall be broken if a person other than the title holder of the preservation registration is found to have undergone the relevant land. However, in order to seek cancellation of the preservation of ownership in another person’s name, which was completed as part of the exercise of the claim for exclusion of interference with the real right based on the ownership of the real estate, the person must be actively asserted that he/she has the title to file a claim for cancellation. If such title is not recognized, the registration of preservation of ownership in another

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