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(영문) 서울중앙지방법원 2015.08.25 2015가단10569
소유권보존등기말소등
Text

1. The defendant shall have jurisdiction over the real estate stated in the attached list 1 of the attached real estate register to the plaintiff.

Reasons

1. Basic facts

A. The answer B 244 square meters (hereinafter “instant one”) and C 594 square meters (hereinafter “instant two land”) are land under the circumstances of E, which had a domicile in D on September 8, 1913.

B. After that, the land of this case 1 and 2 (hereinafter “instant land”) became the land indicated in the list 1 and 2 of the attached real estate by means of the area conversion registration and change of the name of the administrative district.

C. On March 28, 1952, the Plaintiff’s line F (F; hereinafter “the deceased”) died, and the original G (1900s) inherited the deceased’s property independently. The deceased on August 20, 1970 and the deceased jointly succeeded to the deceased’s property, H, I, L, and M. The deceased on November 27, 201, and jointly succeeded to the Plaintiff, K, L, and M’s property.

Attached Form

With respect to each land entered in the list of real estate, registration of preservation of ownership in the name of the defendant (hereinafter referred to as "registration of preservation of ownership in this case") has been completed as stated in paragraph (1) of this Article.

[Ground of recognition] Facts without dispute, Gap 1 to Gap 8, the purport of the whole pleadings

2. Judgment on the parties' arguments

A. Unless there is any counter-proof that the substance of the situation has been changed by an adjudication, a person registered as a landowner in the land investigation register for the cause of a claim shall be presumed to have been determined by the situation and the circumstance has become final and conclusive (see Supreme Court Decision 84Da1773, Jun. 10, 1986). If it is found that a person other than the title holder of the preservation registration was the situation of the relevant land, the presumption of preservation of ownership shall not be broken if it is found that the person other than the title holder of the preservation registration was the situation of the relevant land (see Supreme Court Decision 94Da23524, Apr. 28, 1995). The registration shall be deemed to have become void

(see, e.g., Supreme Court Decision 2002Da43417, May 26, 2005). The following are acknowledged based on the facts and the evidence examined earlier.

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