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(영문) 의정부지방법원 2015.11.13 2015가단100099
소유권이전등기
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Facts of recognition;

A. Each real estate listed in the separate sheet (hereinafter “instant real estate”) was assessed by I.

B. The J completed each registration of initial ownership on each of the instant real estate in the District Court of the Kucheon District Court No. 7429, May 27, 1965.

B. The Plaintiff’s husband died in 1959, and K was the sole heir in accordance with custom. K died in 1961 and died in 1961, and L, M, N,O, P, and A was the heir. The heir was deceased among the above inheritors, and L was the heir, and there was N,O, P, and A as the heir due to the death of L, and Q, R, S, and T was the heir, but Q, P, Q, Q, R, S, S, and T agreed on the division of inherited property that the instant real estate was to be owned solely by the Plaintiff.

C. The J died on August 3, 2014 and became co-inheritorss of 3/15, Defendant C, D, E, F, G, and H in their respective shares of inheritance 2/15.

The registrar I of the plaintiff and the registrar of the real estate of this case shall be the same person.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 11, purport of the whole pleadings

2. Determination

A. A person registered as an owner in the Forest Survey Division for the cause of a claim shall be presumed to have become final and conclusive by taking into account the forest owner’s circumstances as long as there is no reflective evidence such as the change in the situation by an adjudication, etc., and shall be presumed to have been made. The presumption of registration of preservation of ownership shall be broken if a person other than the title holder of the preservation registration is found to have been in the situation of the relevant land, and the registration shall be null and void unless the title holder fails to specifically assert the acquisition by succession.

As seen earlier, the assessment title of the instant real estate and the Plaintiff’s assistance title I are the same, so the instant real estate was subject to the Plaintiff’s assistance title I.

I would like to say.

The Defendants purchased the instant real estate from the deceased J, and thus the Plaintiff.

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