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(영문) 서울중앙지방법원 2018.04.03 2017나11413
소유권말소등기
Text

1. Of the judgment of the court of first instance, the part on the three real estate stated in the separate sheet shall be revoked, and the revoked part shall be applicable.

Reasons

1. The reasoning for this part of the reasoning is the same as that of the reasoning of the judgment of the court of first instance, and thus, this part of the reasoning is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act

2. The allegations and judgment of the parties

A. The reasoning of the court’s assertion by the parties is stated in this part of the judgment of the first instance.

Since the entry of a claim is the same as that of the claim, it is quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. Determination 1 as to the cause of a claim is presumed to have become final and conclusive inasmuch as there is no counter-proof such as the change of the situation by adjudication, etc., the person registered in the land investigation division of the relevant legal principles is presumed to be the landowner. Thus, Article 2 of the former Decree on the Investigation of Land (Ordinance No. 2 of the Ministry of Oceans and Fisheries No. 2 of August 13, 1912) provides that “a disposition, speed, and other acts conducted under the previous provisions shall be deemed to have been conducted under this Decree,” and unless there is any counter-proof such as the change of the situation in the land investigation division of the land survey before the former Decree on the Investigation of Land, etc., it shall be presumed that the situation becomes final and conclusive (see, e.g., Supreme Court Decisions 2006Da5692, 55708, Mar. 26, 2009; 2006Da166708, Mar. 26, 2009).

In addition, after the land situation, 100 years have passed.

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