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(영문) 서울중앙지방법원 2017.01.12 2016가단5115008
소유권말소등기
Text

1. The defendant, on June 28, 1996, shall be the plaintiff with respect to the Suwon District Court's Sung-nam Branch with respect to the Guide B 407 square meters in Gwangju City.

Reasons

1. Basic facts

(a) The Gyeonggi-do Do Do Do Do Do Do Do Do Do 540 and C 21 shall be stated in the Land Survey Division prepared in the Japanese Do Do Do Do Do Do-

(The above D Land Survey Book does not contain the address of E, and the address of E is written as F in the above land. (B)

The rice field B 407 square meters (hereinafter “1 land”) in Gwangju-si was divided into 540 square meters on March 20, 1953, and C river C 69 square meters in Gwangju-si (hereinafter “2 land”) was converted into the area on October 5, 197 after the above C 21 square meters was changed on September 2, 1959.

The defendant has completed the registration of preservation of ownership on the land Nos. 1 and 2 as stated in the order.

C. On December 20, 1946, “E” died and succeeded to Australia. G died on August 25, 1967 and its children, including the Plaintiff, jointly succeeded to the property.

[Reasons for Recognition] Facts without dispute, entry of Gap 1, 6-9 evidence (including provisional number), the purport of the whole pleadings

2. A person registered as an owner in a land investigation register for the cause of a claim shall be presumed to have been determined by considering the situation as the owner of the land, unless there is any counter-proof such as the change of the situation by the adjudication, etc.

(See Supreme Court Decision 95Da46654, 46661 delivered on May 23, 1997). Moreover, barring any special circumstance, land considered under a specific person’s name shall be presumed as owned by the title holder of the situation or his/her heir, barring any special circumstance, and it is difficult to find out whether the land owner was missing and thus,

Even if it is proved that he dies and there is no inheritor, or as long as the procedures for reversion of the land to the State under Articles 1053 through 1058 of the Civil Act are not implemented, the land shall be immediately owned.

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