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(영문) 서울중앙지방법원 2017.01.25 2016가단5210064
소유권말소등기
Text

1. The defendant on October 6, 2004, with respect to the land size of 1,884 square meters prior to Dongcheon-gun, Gyeonggi-do.

Reasons

1. Facts of recognition;

A. The circumstances of land and the registration of ownership preservation in the name of the defendant 1) The first part of the first part of the second part of the second part of the Gyeonggi-do, the second part of the second part of the first part of the second part of the second part of the second part of the second part of the second part of the second part of the second part of the second part of the second part of the second part of the second part of the second part of the second part was changed to the land size of 1,884 square meters in Gyeonggi-do as of January 1, 1978 (hereinafter “the land in this case”).

3) On October 6, 2004, the Defendant completed the registration of ownership preservation on the instant land as indicated in the disposition on October 6, 2004. (B) On the other hand, D, the Plaintiff’s fleet, on the other hand, was 1936. (Short 4269)

7. Along with the death of 21.21, Australia succeeded to Australia, and E was deceased on October 3, 1954 (short-term 4287), and the Plaintiff, his head, succeeded to E.

2) The legal domicile is indicated as “F at the time of strike in Gyeonggi-do,” as the copy of E’s title, which inherited the above D with the Plaintiff’s reference. The ground for recognition is the fact that there is no dispute, and the evidence Nos. 1 through 8 (each entry and the purport of the whole pleadings, including each number).

2. Determination

A. As above, in full view of the following facts: (a) the Plaintiff’s Chinese name as the Plaintiff’s fleet and the Chinese Chinese name as stated in the Forest Survey Book are identical; and (b) G’s address as indicated in the Forest Survey Book (hereinafter “Hri-si”) is almost identical to the Plaintiff’s permanent domicile in the Plaintiff’s fleet, and there is no evidence to deem that there was G whose name is the Dongin-si in the above region at the time, there is no evidence to deem that there was a Dong in the above region; (c) it is reasonable to deem that G and the Plaintiff’s father as the same person is the same.

Therefore, the Plaintiff’s prior owner G received the assessment of the instant land.

(b) Any person who is registered in the Land Survey Book or the Forest Survey Book as the owner shall be presumed to be the owner of the land, and the circumstance shall be presumed to have been determined, unless there is any counter-proof that the assessment has been changed by the ruling. The presumption of ownership preservation shall be registered for the preservation thereof.

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