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(영문) 수원지방법원 2016.12.22 2016가단28503
소유권말소등기및복구등기
Text

1. The defendant shall receive on April 11, 2005 from the plaintiff the Suwon District Court 509m2 with respect to the land size of 509m2.

Reasons

1. Basic facts

A. On April 11, 2005, the Defendant completed the registration of preservation of ownership on B/ 509 square meters (hereinafter “instant land”).

B. As to the land of this case, C is indicated as the owner at the time of the land survey conducted around 1911, in the land survey division drawn up during the Japanese occupation period.

On the side of the entry in the Land Survey Book concerning the instant land, the address of C, which is written as the owner with regard to C, is written as “Ssung Book E”.

C. On October 30, 1956, G solely succeeded to F’s property, and G died on August 4, 1961, and the Plaintiff, H, I, J, and K jointly succeeded to G’s property. On April 26, 1996, K died on the death of the Plaintiff, H, I, I, and J jointly succeeded to K’s property.

On March 29, 2007, the Plaintiff, H, I, and J agreed on the division of inherited property that the Plaintiff would solely inherit the instant land.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 7, 9, 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 in the situation by the adjudication, and the presumption of preservation of ownership shall be de facto acquired, and if a person other than the registered titleholder is found to have received the situation of the land in question, the registration titleholder's assertion and proof of the specific succession acquisition shall be null and void. As seen above, C is registered in the Land Survey Book as the owner of the land in this case. Furthermore, in full view of the above evidence and the purport of the argument as to whether the F, the Plaintiff's prior owner, is the same as C and the same person registered in the Land Survey Book of this case, as the owner of the land in this case, the fact that the F, the Plaintiff's prior owner, was a director around Jun. 12, 1912, can be acknowledged, and according to the above facts finding.

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