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(영문) 서울중앙지방법원 2014.03.05 2013가단168907
소유권보존등기말소 등
Text

1. Of the land listed in the attached Table 1 list 1, the indication of the certified copy of the cadastral map No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 9.

Reasons

1. The following facts may be acknowledged if there is no dispute between the parties, or if the purport of the entire pleadings is added to each entry in Gap evidence Nos. 1 through 6 (including paper numbers).

The land survey division of Gwangju-gun-do, which was prepared in the Japanese occupation period, is indicated as follows: ① D large 319 square meters and ② Jeon 580 square meters as the “G in F” was assessed.

B. The above land: (a) was registered for conversion into the area on October 5, 197; and (b) on March 21, 2001, the administrative district name was changed; and (c) was 1,055 square meters (the part of the land indicated in paragraph (1); hereinafter “instant land”) in Gwangju-si; and (d) was combined with H 48 square meters on November 2, 2012 and became the land listed in attached Table 1.

(2) The land became the land listed in [Attachment 2] No. 1 List 2 (hereinafter “instant land”).

C. As to each of the instant lands, the Defendant Republic of Korea completed the registration of initial ownership transfer by Suwon District Court, Sung-nam Branch of Gwangju District Court, Sung-nam Branch of 1449 on April 14, 1995. As to the instant land, Defendant B completed the registration of ownership transfer by October 11, 2012 and the registration of creation of superficies by Defendant Sung-nam Central Credit Union (hereinafter “Defendant Union”) under the receipt of No. 66623 on October 11, 2012 as the receipt of No. 84346 on December 13, 2012 as the registration of creation of superficies under the receipt of the same day as the registration of creation of superficies under Article 84347 of the same

G, the plaintiff's father-in-law, transferred his domicile from Gwangju-gun to Gwangju-si I on January 28, 1976, died in Gwangju-do, and as his children became co-inheritors, J and K were co-inheritors. On June 2, 1980, J died on June 2, 1980, and jointly succeeded to the plaintiff, L, M, N,O, P as their children.

2. Determination:

A. In the absence of counter-proofs such as changes in the assessment of the cause of the claim, a person registered as an owner shall be presumed to have been determined as the owner of the land, and such circumstances shall be presumed to have become final and conclusive. The presumption of preservation of ownership shall be determined by a person other than the title holder of the preservation registration in question.

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