logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.02.28 2018가단5104507
소유권이전등기
Text

1. The Defendant shall recover the real name in relation to the Plaintiff’s share of 4/20 of the 1431m2 in the miscellaneous land B in Dongcheon-si.

Reasons

1. Basic facts

A. The land survey division prepared during the Japanese occupation point period is indicated as “D” with respect to 433 square meters (hereinafter “instant land”) in Yangju-gun, Yangju-gun, Gyeonggi-do (hereinafter “instant land”) around August 1914, and the address of the person under the name of the said circumstances is as “public”.

B. On July 19, 1993, the Defendant completed the registration of initial ownership on the land specified in paragraph (1) of this case (hereinafter “instant land”).

C. Inheritance 1) E (E, the legal domicile of Gyeonggi-do two weeks) died on September 30, 1928, and the family heir’s wife solely succeeded to the property. The family heir’s wife’s children (ma and G) died and succeeded to the property by his/her children (her children) (E and G C) (the son died on November 22, 1926, the death of the E), but I died on December 14, 1992, and his/her children J, K, A (Plaintiff), L, and M (M died on October 16, 197, the death of H) jointly succeeded to the property by their children, N,O, P, and Q.

(H’s husband R had already died on September 10, 1968, and H’s other children S, T, U, and V died without spouse or child) / [based on recognition] The absence of dispute, each entry in Gap evidence Nos. 1 through 20, and the purport of the whole pleadings.

2. Determination

A. If it is found that a person other than the title holder of the preservation registration has undergone the assessment of the pertinent land, the presumption of the preservation registration is broken. According to the above recognition facts, the instant land C is indicated as being the assessment of D in the Land Survey Division. Therefore, the presumption of the preservation registration of ownership, which was completed in the name of the defendant, was broken.

In addition, considering the following circumstances acknowledged by the purport of Gap evidence 22-1 and 2-1 and the entire pleadings, the land of this case and the land of this case, taking into account the following circumstances, which are recognized as a whole by the purport of Gap evidence 22-1 and 2, Weighted X on January 1, 1963, which was frighted into Dongducheon-si on July 1, 1981, and if the area of the land of this case is converted into 433 square meters, it shall be 1431 square meters (=43 x 305 square meters).

arrow