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(영문) 수원지방법원성남지원 2013.08.09 2013가단1135
소유권보존등기말소 등
Text

1. As to the real estate stated in the attached list to the plaintiff, the defendant shall make a branch office of Suwon District Court for the branch office of Sungnam branch court on 193.

Reasons

1. Basic facts

A. The Land Survey Board prepared in the Japanese Occupation Period is indicated as C’s assessment by stating the Gyeonggi-gun B B, 1,839 square meters (hereinafter “instant land before subdivision”).

B. The land prior to the instant partition had been real estate indicated in the separate sheet (hereinafter “instant land”) following the following division, land category change, administrative district change, etc., and the Defendant completed the registration of ownership preservation (hereinafter “registration of ownership preservation”) in the name of the Defendant under the title of the Suwon District Court as the registration office of the branch branch of Sungwon District Court for the Sungnam Branch Branch of the Sungnam Branch of the District Court on January 21, 1993.

C. On August 25, 194, the Plaintiff’s fleet C died and succeeded to the property of Australia and the Republic of Korea, and upon D’s death on July 24, 1983, E and F jointly succeeded to the property, and E died on January 8, 1998, and jointly succeeded to the property of the Plaintiff, etc.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1 through 5, results of fact inquiry into the branch office of this court, purport of whole pleadings]

2. Determination on the cause of the claim

A. In the absence of counter-proof such as the change of the situation by the adjudication, a person registered in the Land Survey Book shall be presumed to be the owner of the land, and the circumstance thereof shall be presumed to have become final and conclusive. A person assessed on the land shall acquire the land in the original condition (see, e.g., Supreme Court Decision 98Da13686, Sept. 8, 1998). The presumption of registration of preservation of ownership on the land shall, where it is verified that there is a separate person from the one assessed on the land, be broken, and the registration shall be deemed to be null and void unless the registered titleholder asserts

(See Supreme Court Decision 2007Da46138 Decided October 25, 2007, etc.). B.

As to the instant case, comprehensively taking account of the health room, Gap evidence Nos. 1 and 4, and the fact-finding results to the branch office of this court, the land before subdivision was assessed.

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