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(영문) 수원지방법원 여주지원 2018.03.08 2017가단5794
소유권보존등기말소
Text

1. The defendant received on November 9, 1957 from the plaintiff as to each land listed in the separate sheet from Suwon District Court.

Reasons

1. Facts of recognition;

A. The land survey division prepared at the Japanese occupation point period of No. 2,299 of Gyeonggi-gun B, the land survey division prepared at the Japanese occupation point of No. 2,299 was indicated as the assessment of the above land in 1912. 2) The part of the B B B B,299 was changed to each of the lands listed in the separate sheet (hereinafter “each of the instant lands”).

3) On November 9, 1957, the Defendant completed the registration of preservation of ownership on each of the instant lands by the Suwon District Court Branch No. 2356. (b) The Plaintiff’s relatives and inheritance-related D, in March 15, 1952, and D, in sequence, died on October 8, 1957, and the Plaintiff, the South-North of E, who was the head of E, succeeded to the property solely. [The grounds for recognition: Each entry of No. 1 through 5 (including family numbers), the inquiry results of the fact-finding on the F pages Office of this Court, and the purport of the entire pleadings.

2. Judgment on the parties' arguments

A. (1) Determination on the cause of a claim is based on the following facts: (a) A person registered in the Land Survey Book as an owner shall be presumed to have become final and conclusive based on the assessment of the land, unless there is any counter-proof, such as that the content of the situation has been changed by adjudication, etc.; and (b) the presumption of registration of preservation of ownership is broken if a person other than the title holder of the registration for preservation is found to have received the assessment of the relevant land; (c) so long as the title holder does not specifically assert and prove the fact of acquisition by succession, the registration shall be deemed null and void. (d) According to the above recognition facts, the registration of preservation of ownership in the name of the defendant as to each

Therefore, the defendant is obligated to execute the registration procedure for cancellation of registration of cancellation of ownership preservation on each of the land of this case to the owner.

B. As to the Defendant’s assertion, G, a third party under the former Farmland Reform Act, is set forth in [Attachment 1 and 3].

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