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(영문) 서울중앙지방법원 2020.01.09 2019가단5157058
소유권말소등기
Text

1. The defendant shall register the registration of Suwon District Court's Eunpyeong Housing Sitewon with respect to the land size of 539 square meters on Pyeongtaek-si roads in Gyeonggi-do, and on March 2009.

Reasons

1. Facts of recognition;

A. According to the Land Survey Book drawn up during the Japanese Occupation Period, the Gyeonggi E (E; hereinafter “E”) with the domicile in the Authenticity-gun, Gyeonggi-gun Co., Ltd., 1393 (hereinafter “assessment land”) is indicated as being the situation.

B. The Gyeonggi-si Road B road (hereinafter “instant land”) was divided from the assessment land, and thereafter the administrative district was changed, registration conversion, and area conversion was conducted on a unit basis.

C. On March 2, 1940, G was the sole heir upon the death of the person under the circumstances, and the F died on March 2, 1940, and on February 1, 1984, G was jointly inherited by the Plaintiff, H, I, and J.

The instant land had been registered for preservation of ownership in the name of the Defendant under the title of Suwon District Court No. 10210 received on March 11, 2009, following the procedures for the public announcement of non-real estate under the State Property Act.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 9 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Determination as to the cause of action

(a) A person registered as an owner in the Land Survey Book under the former Land Survey Decree shall be presumed to have been assessed as a landowner and the situation becomes final and conclusive unless there is any counter-proof such as a change in the content of the situation by the adjudication, and the person under the circumstances shall acquire the relevant land in a timely

(See Supreme Court Decision 98Da13686 delivered on September 8, 1998). Therefore, in a case where at least a parcel of land investigation was created and a land investigation register was assessed against a group of persons, the person under the circumstance becomes the owner of the land or his/her heir, and the presumption of registration of preservation of ownership on the land is broken if it is proved that there is a separate person to whom the land was assessed, so the registration is null and void, unless the registered titleholder specifically asserts the fact of acquisition by succession.

(See Supreme Court Decision 96Da16247 delivered on June 28, 1996, and Supreme Court Decision 2002Da43417 delivered on May 26, 2005, etc.) B.

The above legal principles.

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