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(영문) 서울중앙지방법원 2014.11.20 2013가단147665
원인무효로 인한 소유권보존등기 말소 등
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

(a) 1,376 PN prior to Gwangju City was assessed against theO residing in the same Ri.

On April 24, 1969, the above land was divided into 3,189 square meters in P, and 1,273 square meters in M, respectively (hereinafter “instant land”).

B. However, in the case of the instant land, registration of ownership preservation has been completed as of November 8, 1967 by the Sungwon District Court, Sung-nam Branch of Gwangju District Court, Sung-nam Branch of the Republic of Korea, by the receipt of No. 2726 on November 8, 1967, and the registration of ownership transfer was completed as of March 18, 201 by agreement division No. 15405 of the receipt of March 18, 2011 in the case of Defendant E, the heir, and the registration of ownership transfer was completed as of August 30, 201 by the same registry office.

C. The Plaintiffs are the grandchildren of the networkO whose legal domicile is located in R in Gwangju City.

On the other hand, the title holder of the instant land died on June 29, 2010, and there were Defendant G, H, I, J, K, L, and E, his children.

[Ground for Recognition: Unsatisfy, Gap evidence 1, 2, and 4 (including each number; hereinafter the same shall apply)

(i) the entry in Category B(1) and the purport of the entire pleading

2. Determination:

A. (1) Determination as to the cause of the claim (1) In light of the fact that the name of O, the title of the situation of the land in this case, and the name of the deceased and the name of the deceased's leader is identical to that ofO, and that the name of O and the administrative district above the Ri (Ri) of the legal domicile of the plaintiffs' shipbuildingO are equal to that of "Mari-si S," it is reasonable to view the O and the plaintiffs' shipbuildingO, the title of the circumstance of each land in this case, as the same person.

(2) Since it is presumed that a person registered as a landowner in the Land Survey Book under the former Land Survey Ordinance is presumed to have acquired ownership, the presumption of ownership preservation shall be broken if the person, other than the title holder, is found to have received assessment of the relevant land, and the title holder, unless he/she proves that he/she had received assessment of the relevant land, shall not assert the fact of land succession.

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