logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.08.23 2018가단5051245
소유권이전등기
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

(a) Division and transfer of ownership (hereinafter referred to as "land register" and "land cadastre"

(1) The name of the owner is indicated as having been transferred in sequence to F on January 26, 1948, July 1, 1948 (F and address column) with respect to the land of this case (hereinafter “instant land”), including the registration of ownership preservation, etc.

(2) 강원도 원주시 H 토지에서 1948. 1. 31. 이 사건 토지가 분할되었고, 위 H 토지는 강원도 원주시 I 토지에서 1938(昭和 13년). 2. 2. 분할되었다.

(3) 위 I 토지는 1915(大正 4年). 4. 22. 경성부 J에 거주하는 K이 사정받아 1932(昭和 7年). 9. 28. L, 1932(昭和 7年). 10. 18. D로 순차 소유권이 이전된 것으로 기재되어 있다.

(4) As to the above H land, registration of ownership preservation was completed in the name of E on April 30, 1962, but the instant land still is unregistered.

B. On March 18, 1959, inheritance-related M (M: original domicile: N) died and succeeded to the property by O.O. On October 31, 198, the heirs, including the Plaintiff (appointed parties; hereinafter “Plaintiff, etc.”) and the appointed parties C (hereinafter “Plaintiff, etc.”) who died on October 31, 198, drafted a written agreement on the division of inherited property by inheritance of the Plaintiff, etc. on December 30, 2016.

[Ground of recognition] Evidence Nos. 1 to 13, Evidence No. 1 to 1, the purport of the whole pleadings

2. Determination on the cause of the claim

A. F and M, as the same person, indicated as the transfer of ownership on the land cadastre of this case by the Plaintiff et al., are the same and the Plaintiff et al. inherited the ownership of this case’s land.

However, the land cadastre of this case was nothing more than arbitrarily restored for the convenience of taxation without any legal basis before the amendment of the Cadastral Act on December 31, 1975, and the name of the owner is stated in the owner's column.

Even if it is not possible to recognize the presumption of right in the description, it is not possible to recognize it.

arrow