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(영문) 수원지방법원 안산지원 2018.08.22 2016가단12199
토지인도 등
Text

1. The Defendant shall deliver to the Plaintiff the land price of 1,11 square meters prior to C at the time of Seodaemun-gu.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Basic facts

A. D around September 10, 1913, with the assessment of 1,111 square meters (hereinafter “instant land”) prior to C around the same time as, and thereafter, the instant land was transferred to G residing in F through E on January 11, 1928.

B. G died on January 30, 1967 and succeeded to the property by inheritors including H, and six children, including the Plaintiff, died on June 23, 2013 and succeeded to the property.

C. I resided in the Gyeong-gun, Gyeong-gun, and died on April 25, 1985, and on October 23, 2002, K, South Korea, died from the old Si L on October 23, 2002, and M and children are his successors.

The Defendant currently occupies the instant land.

[Reasons for Recognition] Facts without dispute, Gap evidence 2-1, Gap evidence 4-6, Eul evidence 2-3, the purport of the whole pleadings

2. The assertion and judgment

A. The defendant asserts that the plaintiff has no standing to be a party, since the plaintiff did not specify his/her inheritance shares.

Unless there is any counter-proof, such as the change of the content of the land by the ruling, a person registered in the Land Survey Book as the landowner, shall be presumed to have acquired the land in the original condition by considering the circumstance as the owner, and thus, D shall be deemed to have acquired the land in the original condition.

In addition, according to Article 2 of the former Land Conservation Rule, which was enforced at the time of 1945, it is impossible to register the transfer of ownership on the land cadastre before the public official's notice is given, except in cases where the transfer of ownership is due to the non-refluence, exchange, transfer, or expropriation of unregistered land, or the transfer of ownership on the land cadastre, which was made and preserved before 1945, if the land in this case is registered as transfer of ownership from D to E, and from E to G, it cannot be deemed that the river was registered as transfer of ownership at the time of 1945.

Therefore, although the plaintiff was involved, the plaintiff.

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