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(영문) 서울중앙지방법원 2017.03.31 2016가단5209705
소유권보존등기말소 청구의 소
Text

1. The defendant, on March 26, 1996, filed with the plaintiff with respect to Suwon District Court 436 square meters of the B river in Gwangju City.

Reasons

1. Basic facts

A. The land survey division prepared in the Japanese occupation point period is written by Gyeonggi-gun B 132, stating that D residing in Gwangju-gun C was subject to assessment.

B. On May 31, 1958, the land category was changed to a river. After that, following the change of administrative district and the conversion of the area, the land became 436 square meters of the B river in Gwangju-si (hereinafter “instant land”).

C. As to the instant land, the Defendant completed the registration of ownership preservation (hereinafter “registration of ownership preservation”) as the receipt No. 13204 on March 26, 1996 by the Suwon District Court, Sung-nam Branch Office of Gwangju District Court (hereinafter “Seoul District Court”).

E Deceased on February 1, 1979, the Plaintiff, F, and grandchildren G jointly inherited the property.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. In full view of the evidence revealed earlier, the address of the business owner of the instant land is Gyeonggi-gun C, and the legal domicile of the Plaintiff’s fleet E is also the same as that of the Plaintiff’s prior domicile. In full view of all the circumstances, including the fact that there was no evidence to deem that the Plaintiff’s prior domicile was the same as that of the Plaintiff’s prior domicile, and that there was no evidence to deem that the aforementioned D and Dong name were residing at the time when the instant land was assessed, it is deemed that D and the Plaintiff’s prior domicile of the Plaintiff

On the other hand, inasmuch as there is no counter-proof such as the change of the situation by the adjudication, the person registered as the owner of the Land Survey Division or the Forest Survey Division is presumed to have been evaluated as the owner of the land and the circumstance is determined. Thus, according to the above recognition facts, E, the Plaintiff, etc., who was registered in the Land Survey Division, was the owner of the land of this case and succeeded to it thereafter.

Thus, the registration of preservation of ownership in the name of the defendant as to the land of this case shall be the registration of invalidation of cause, unless there are special circumstances.

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