logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.04.30 2018가단42604
소유권보존등기말소 청구
Text

1. The defendant on April 17, 1958 as to each land listed in the separate sheet to the plaintiff.

Reasons

1. Facts of recognition;

A. The land research division prepared by the Japanese governor-general under the Joseon Land Survey Order, which was enforced during the Japanese occupation period, stated that D, which had an address in the "Cdong" was the assessment in 1913.

On the other hand, Dong-gun was "Edong" due to the consolidation of administrative districts in 1914.

B. The above D (F) died from the Plaintiff’s father- G on February 1950, 1950, and the Plaintiff’s father- G succeeded to the family head and the property, and G died on January 1, 1966, and children including the Plaintiff were jointly inherited.

C. B before the above division, the land was divided into H and I (attached Form 1) and the J (attached Form 2) was further subdivided from I. D.

On the other hand, the registration of preservation of ownership was completed in the future of the defendant on April 17, 1958 by the Daegu District Court's Gun Branch of the District Court as the receipt of No. 652 of April 17, 1958.

【Ground for Recognition: Facts without dispute, entries in Gap 1 through 8, purport of the whole pleadings】

2. Determination

A. A person registered in the Land Survey Book as a landowner shall be presumed to be a landowner unless there is any counter-proof such as the change of the situation by the adjudication (see, e.g., Supreme Court Decision 98Da13686, Sept. 8, 1998). The presumption of preservation of ownership is broken if a person other than the title holder of the registration for preservation is found to have received the assessment of the relevant land, and the registration becomes null and void unless the title holder proves that he/she has received the assessment of the relevant land (see, e.g., Supreme Court Decision 96Da16247, Jun. 28, 1996). As seen above, B prior to the said division is a land under the circumstances of D, the Plaintiff’s prior to the Japanese colonial occupation, and the land of this case is divided from the land under the circumstances.

Therefore, unless there are special circumstances, the defendant is an act of preserving the ownership of the land in succession from D as an inheritor who inherited the ownership of the land in succession, and thus, the preservation registration of this case.

arrow