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(영문) 수원지방법원 성남지원 2018.11.06 2018가단211920
소유권보존등기말소
Text

1. The Defendant shall support the Plaintiff with Suwon District Court in relation to the size of 173 square meters prior to Gwangju City, C 466 square meters, and 52 square meters prior to D.

Reasons

1. The following facts may be found in each entry in Gap evidence Nos. 1, 3, 4, and 5 (including paper numbers), either in dispute between the parties, or in full view of the purport of the entire pleadings:

Address Name F G

A. As to the land investigation book prepared by the Joseon General Preliminary Land Survey Bureau on September 30, 191, the owner’s personal information of 209 square meters prior to Gwangju-si, Gwangju-si (173 square meters prior to Gwangju-si, C 466 square meters and D 52 square meters prior to D through subsequent subdivision, land category change, etc.; hereinafter “instant land”).

B. The Defendant completed the registration of preservation of ownership (hereinafter “registration of preservation of this case”) completed in accordance with the receipt No. 1449 on April 14, 1995 with respect to the land of this case by Suwon District Court Sung-nam Branch Office of Gwangju District Court (hereinafter “Seoul District Court”).

C. Meanwhile, H H’s son was a senior father of the Plaintiff, and as the J, who is the south of I, died earlier than I, K, who is the south of J, inherited family inheritance and inheritance of property, and the Plaintiff, who is the south of K, inherited property due to the death of K.

2. The parties' assertion

A. The Plaintiff’s assertion is a land under the circumstances of I, the fleet of the Plaintiff, and the registration of preservation of this case in the name of the Defendant is null and void. The Plaintiff is an act of preserving the jointly owned property as one of the co-inheritors of the instant land, and seek cancellation of the registration of preservation of this case against the Defendant.

B. The Defendant’s assertion I and the title holder of the assessment of the land of this case (hereinafter “the title holder of this case”) cannot be deemed the same person, since his name and address are different. Thus, it cannot be deemed that the Plaintiff inherited the ownership of the land of this case by the subsequent hand of the title holder of the instant assessment.

3. Determination

A. A person registered as an owner in the Land Survey Division or the Forest Survey Division shall be presumed to have become final and conclusive in light of the circumstances, unless there is any counter-proof such as the change in the situation by an adjudication, etc.

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