logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2019.03.21 2018가단77346
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Land Survey Division prepared with respect to No. 572, B, Gyeonggi-gun (hereinafter “B, etc.”) is indicated as being subject to assessment by D having the address in C.

B. On November 1, 1978, the land before subdivision was divided into the above E E 261 square meters and F 311 square meters, and the E E 261 square meters divided into the E 128 square meters and G 735 square meters (the land category is changed to a road on February 10, 1990) on January 17, 1990, and the said F 31 square meters was divided into F 72 square meters and H 956 square meters on January 17, 1990, and the said E 128 square meters divided into 81 square meters and 128 square meters on July 15, 200, and each land listed in the attached Table (hereinafter “each land”).

C. On May 18, 1948, the deceased on May 18, 1948, the deceased on the part of the plaintiff's certificate of inheritance, and the deceased on the part of the Y L, a South-North-Named L, the deceased on January 25, 1967, and jointly succeeded to the above L's property by M, N,O, P, Q, R, S, and T. The above M died on June 22, 1996, and the plaintiff, U, V, W, and X jointly succeeded to the above M's property.

On May 17, 1996, the Defendant completed the registration of initial ownership preservation stated in the purport of the claim regarding each land of this case (hereinafter referred to as “registration of initial ownership preservation”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Gap evidence Nos. 11 and 12 (including paper numbers), the purport of the whole pleadings

2. Determination

A. A person registered as a landowner in the Land Survey Book under the former Land Survey Decree shall be presumed to have been determined by the land owner, unless there is any counter-proof that the substance of the land has been changed by adjudication. Therefore, if the person who was registered in the Land Survey Book died of his/her own land and his/her heir remains, unless there is any circumstance to deem that his/her ownership has been transferred to a third party after the circumstance exists, the inheritor of the land shall be deemed to have been transferred.

arrow