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(영문) 수원지방법원성남지원 2016.11.04 2016가단213472
소유권말소등기
Text

1. The defendant shall make the plaintiff on April 14, 1995 with respect to the Suwon District Court's Sung-nam Branch with respect to the 258m2 in Gwangju City.

Reasons

1. Facts of recognition;

A. The Gyeonggi-do Forest Survey Report (hereinafter “the instant forest survey report”) prepared in the Japanese colonial era is indicated as the owner of Gwangju City E (hereinafter “the instant land”). D had been registered as the forest survey report of Gwangju-gun with the area of 298 square meters prior to the F in Gwangju-si, and finally registered as the area of 258 square meters prior to the F in Gwangju-si, Gwangju-si.

B. Thereafter, D died in around 1931 and succeeded to G solely, and G died on January 24, 1970 and jointly succeeded to the Plaintiff, H, I, J, K, L, and M.

C. Meanwhile, the Defendant completed the registration of initial ownership on the instant land as the receipt No. 14449 on April 14, 1995 by the Suwon District Court, Sung-nam Branch of Gwangju District Court for the registration of initial ownership.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 8 (including each number in the case of additional number), and the result of fact inquiry of Gwangju Market and C pages of this Court, the purport of the whole pleadings

2. Determination

A. Determination as to the cause of a claim 1) A person registered as the owner in the Land Survey Division under the Land Survey Ordinance or the Forest Survey Division under the Forestry Act shall be presumed to have become final and conclusive in the event there is no counter-proof such as that the content of the situation has been changed by an adjudication, etc. In the absence of any counter-proof, the situation shall be presumed to have been determined by the owner of the relevant land, and the title holder of the situation shall smoothly acquire the relevant land (see, e.g., Supreme Court Decision 98Da13686, Sept. 8, 1998). Therefore, if at least the Land Survey Division or the Forest Survey Report was prepared and circumstances were under the circumstances of the group, the title holder or his/her heir shall be the owner of the relevant land, and the presumption of registration preservation of ownership on the land shall be broken if there is a separate person who received the assessment of the relevant land, and the registration shall be deemed null and void if the title holder fails to specifically prove the fact of succession (see, e.g., Supreme Court Decision 2002Da43417, May 26).

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