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(영문) 서울중앙지방법원 2017.01.17 2016가단5024423
소유권보존등기말소청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. According to the Land Survey Division drawn up by the Shipbuilding General Co., Ltd. and the Preliminary Land Survey Division of the Japanese Occupation Period, such as land situation and division, the F, who resides in Scheon-gun E on March 15, 1914 (three years in 1914), stated that the land at 1793 and H 764, all of which were located, was assessed.

Official cadastral records concerning each of the above-mentioned lands

6. After the land was destroyed due to a disaster on 25.25. The said G is deemed to be the land division, land category change, and administrative district change, etc., and the said G is deemed to be the land of this case with the area of 1104 square meters (limited to the land of this case), the area of which was 4823 square meters before Macheon-si and the area of which was located.

The land located in the above H became the "third land of this case" and the "126 square meters of the D-City road" is the "third land of this case".

B) On November 15, 1969, the Defendant completed the registration of initial ownership of the land of this case Nos. 5195, and on September 30, 2004, No. 32691 of the receipt of the same registry office as to the land of this case Nos. 1 and 2, and Nos. 5195, and on September 30, 2004. (C) On February 16, 1927, the deceased on February 16, 1927, and the deceased on October 3, 197 and the J succeeded jointly to the Plaintiff, K, L, and M. [Grounds for recognition], or the purport of the entire entries and arguments of the Plaintiff No. 1 through No. 6 (including the serial number), respectively.

2. Determination:

A. In determining the cause of the claim, F and I, the Plaintiff’s preferred party, are recognized as the same person in light of the Plaintiff’s name, address, permanent domicile, etc., as well as the following facts: (a) the evidence as seen earlier and the fact-finding inquiry on the Macheon City and the entire purport of the pleading as a whole.

Furthermore, a person registered in the Land Survey Book as an owner shall be presumed to be a landowner unless there is any counter-proof such as the change in the situation by the ruling, and the ownership preservation shall be presumed to have been acquired at the original time, and the record of registration of ownership preservation shall be the title holder

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