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(영문) 서울중앙지방법원 2017.04.21 2016가단5109126
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Summary of the plaintiff's assertion

A. According to the Joseon-do Provisional Land Survey Bureau, on July 30, 1911, C (C; hereinafter “the deceased”) residing in Gyeonggi-gun, Gwangju-gun (hereinafter “C”) was assessed on July 30, 191 by G 1,353 square meters, G 2,063 square meters, G 632 square meters, G 85 square meters, J 192, K 264 square meters, L 3,021 square meters, M 222 square meters (hereinafter “instant circumstances”).

B. Meanwhile, the Defendant divided the 632 square meters prior to H into 335 square meters prior to N on March 20, 1953 (1,107 square meters) and 175 square meters prior toO (579 square meters) and 122 square meters prior to N, and subsequently divided the 335 square meters prior to N into the 554 square meters prior to N on December 23, 2010 and the 553 square meters prior to P, notwithstanding the existence of P roads.

C. As the Deceased died on January 30, 1950, the Plaintiff, its head, inherited the deceased’s property solely in accordance with the former common law while succeeding to Australia.

When the official cadastral record of the Gwangju registry office was destroyed due to a fire in the Korean War, the Defendant, despite the division of P road on the part of the instant land located in the H 632 square meters prior to Q Q 296 square meters (hereinafter referred to as “ Q land”). Moreover, the Defendant granted Rand 675 square meters (hereinafter referred to as “R land”) to the part of the road located in the right side of L 3,021 among the instant land in the instant situation, and completed each registration of preservation of ownership (hereinafter referred to as “registration of each of the instant preservation”).

(e) A person registered as the owner in the Land Survey Book shall acquire the land at the original time, and the presumption of registration of preservation of ownership shall be broken if it is found that a person other than the holder of the registration for preservation was subject to the assessment of the relevant land, so the registered titleholder cannot assert or prove the specific fact of acquisition by succession.

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