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(영문) 의정부지방법원 2019.12.26 2019가단105221
소유권이전등기
Text

1. The Defendant shall, with respect to the Plaintiff’s share 6/8 of the share of 944/1185 square meters in Gyeonggi-do, Gyeonggi-do C Forest Land, 3917 square meters, and the share of 231 square meters prior to D.

Reasons

1. Facts of recognition;

A. The land survey book prepared during the Japanese occupation occupation period is written by F as to the Gyeonggi-gun, Gyeonggi-gun, the land of this case, which is the land of this case, with the gathering and lot number of each real estate indicated in the order.

On July 4, 1969, each of the real estates entered in the order through the division, conversion of area, and conversion of land category.

B. On June 25, 1929, G, the Plaintiff’s father, died on June 25, 1929, and H, his father-son and family heir, became the sole inheritor of the property, and H died on September 18, 1970, the Plaintiff, who is his father-son and family heir, was jointly inherited one-eight shares, respectively.

C. However, on September 1, 1973, the Defendant decided to purchase requisition and paid compensation for 48/70 of the share of 241/1185 and the share of 231 square meters prior to D, among the share of 241/1185 and the share of 231 square meters prior to D as indicated in the disposition (hereinafter “B land”), but completed each of the above lands in accordance with the Act on Special Measures for Readjustment of Requisition Property on December 28, 1976.

【Ground of recognition】An absence of dispute, Gap’s 1 through 11, and Eul’s 1

2. Determination

A. In the absence of counter-proofs, such as the change of the content of land by adjudication, a person registered in the land survey register under the former Land Survey Decree shall be presumed to be the land owner, and the circumstances thereof shall be presumed to have become final and conclusive. Therefore, if a person registered in the land survey register dies and his/her heir remains, barring any circumstances to deem that his/her ownership was transferred to a third party after the circumstance exists, the heir of the property in the circumstance shall be deemed to be the land owner (see, e.g., Supreme Court Decision 200Da66522, Mar. 23, 2001). The presumption of registration of preservation of ownership shall be deemed to have been registered.

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