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Reasons
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(영문) 광주지방법원순천지원 2014.11.07 2014가단72504
소유권말소등기
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1. The defendant is based on the restoration of the real name with respect to the forest No. 298 square meters in Jeonsung-gun, Jeonsung-gun.

Reasons

1. Basic facts

(a) 8 Madern-gun C Forest land (8,728 square meters) with 1918 square meters (7 years in Taiwan);

6. 25. Circumstances were made to the State, 1930. (Fire 5 years)

5. 27. Ownership was transferred to D.

B. On November 30, 1940, 8 Bosung-gun Co., Ltd.: (a) was divided into 8 mix 2,133m2 and 6 m20m2 (595m2) on the 30th day of November 30, 1940; (b) 8 m2, 8 m2, 8 m2 (8,133m2) on the 17th day of December 17, 1956, 7 m2, 9 m2 (7,83m2) on the 7m2, 7m3m2 (7,85m2) on the 3m298m2 (298m2) on the 28th day of Apr. 28, 1971, the Plaintiff appears to have made entry on April 18, 1971) on the 3m2, 7981m2, etc. of the forest and field.

C. On August 1, 1975, 7 parts of the 7th Yandong-gun C forest land 9,000 square meters (7,835 square meters) were again divided into 6 parts of the 7th Yandong-gun C forest land and 7th 5,537 square meters (7,537 square meters) and 3th m298 square meters of the 298 square meters of the 7th Yandong-gun (298 square meters). The Defendant completed the registration of initial ownership on the 3th m2, 208 square meters of the 3th m298 m2

D은 원고의 曾祖父이고, D이 1938. 9. 10. 사망하자 그 子인 G가 1938. 9. 10. 호주상속 및 재산상속을 하였고, G가 1972. 3. 29. 사망하자 그 妻 H, 그 子 I(I는 1943. 3. 27. 이미 사망하였으므로 亡 I를 대위하여 그 妻 J과 그 子 원고), K, L, M, N, O, P, Q, R이 공동으로 재산상속을 하였다.

【In fact that there is no dispute, Gap 1 through 4, 7 through 10, and 13 (including each number), the purport of the whole pleadings.

2. If an assertion and a judgment real estate ownership preservation registration has been made, it is presumed that the person under whose ownership the preservation registration has been made has ownership, but if the person under whose ownership the preservation registration has been made claims that the real estate was acquired by the owner before the preservation registration was made, and if the former owner denies the transfer, the presumption of the preservation registration is broken.

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