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(영문) 의정부지방법원 2014.11.14 2014나8524
소유권보존등기말소 등
Text

1. Of the judgment of the court of first instance, the part against the defendant's Government-dong Saemaul Treasury, H, I, J, K, L, and M shall be revoked.

Reasons

1. Facts of recognition;

A. On July 19, 1925, S, the plaintiffs, was investigated into the land of Gyeonggi-gun P during the Japanese occupation period, and died on July 19, 1925, and on November 22, 1929, U, who is the family heir, succeeded to U’s sole inheritance of U’s property; V died on March 21, 1994; V’s wife died on December 20, 2007, and V’s wife succeeded to V and W’s property in the proportion of the attached inheritance shares.

B. The land cadastre of the above P was cadastral restoration on March 20, 1961, and on April 1, 1980, the above land was changed to 7,527 square meters (hereinafter “the instant forest”) from the Government-si Do due to the change of administrative district.

C. As to the instant forest land, the registration of ownership preservation was completed under the name of O referred to Defendant G on December 11, 1981, and on January 4, 2003, the registration of ownership transfer was completed on October 9, 2002 due to inheritance by agreement and division as of October 9, 2002 in the future of Defendant G.

On March 16, 2011, Defendant G completed the registration of creation of a mortgage over the forest of this case with the debtor G and the maximum amount of debt at KRW 325,00,000 with respect to the forest of this case in the name of the Dong-dong Saemaeul Community Fund.

E. On March 22, 2011, Defendant G completed the registration of creation of a mortgage over the forest of this case with respect to Defendant H, I, J, K, K, L, and M, with respect to the debtor’s G and the maximum debt amount of KRW 180,00,000.

[Ground of recognition] Unsatisfy, entry of Gap evidence 4 through 7 (including branch numbers for those with a branch number), the purport of the whole pleadings

2. Determination as to the claim against Defendant G

A. A person registered as an owner in a land investigation register for the cause of a claim shall be presumed to have become final and conclusive, in the absence of counter-proofs such as the change of the situation by the adjudication, etc., and the ownership preservation should be presumed to have been acquired in a timely manner, and if it is found that a person other than the title holder of the preservation registration was subject to the assessment of the land in question.

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