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(영문) 서울중앙지방법원 2017.04.06 2016가합32556
소유권확인 및 보존등기말소 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 10, 1916, the land survey division under the former Land Survey Ordinance entered in the Land Survey Book is deemed to be correct to indicate as “I” the name of D in Korean, in which the name of D, who has an address in the B,354 (hereinafter “B, etc.”) in the Gyeonggi-gun, Yang Sung-gun, the Gyeonggi-gun, the land survey division under the former Land Survey Ordinance, is to be written as “D”. In this case, the land survey division shall be written as indicated by the Plaintiff.

The land owner was registered as the land owner, and the register and the cadastral record on the land before the division were destroyed by a war of 625.

B. Land division and ownership preservation registration 1) The land prior to the said division shall be each land indicated in the separate sheet (hereinafter “each land of this case”) following the land category change, the change of administrative district name, and the conversion of the area into the unit after the said division was divided into 27 square meters and 2327 square meters before the said E.

(2) The Defendant completed the registration of ownership preservation in the name of the Defendant, as stated in the purport of the claim regarding each of the instant land.

[Ground of recognition] Evidence No. 2-1, 2, Evidence No. 3-1, 2, Evidence No. 4-1, 2-2, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion as the cause of the Plaintiff’s claim is the cause of the instant claim. The Plaintiff is a clan set up in the Gmm, and the land before the division was under circumstances D, which was the Plaintiff’s small view, and the Defendant, without any authority, completed the registration of preservation of ownership of each of the instant land after the division. As seen above, the Plaintiff asserted against the Defendant that the registration of cancellation of each of the above registration of preservation of ownership was completed.

B. In the absence of counter-proofs, such as changes in the content of the land investigation register, a person who is registered as the owner of the land shall be presumed to be the owner of the land and shall be presumed to have been determined by the circumstances. The presumption of registration of preservation of ownership shall be determined by a person other than the title holder of the preservation registration.

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