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(영문) 서울중앙지방법원 2020.01.15 2019가단5004727
소유권보존등기말소 청구의 소
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 drafted in the Japanese occupation period is indicated as the G residing in the Gyeonggi-gun Category B, 1,108 Gyeonggi-do, as the G having resided in the Gyeonggi-gun C.

B. The 1,108 Gyeonggi-gun case was changed to the real estate listed in the separate sheet (hereinafter “instant land”) following the division, conversion into the area and the change of administrative district.

C. On October 16, 1995, the Defendant completed the registration of ownership preservation stated in the purport of the claim regarding the land of this case after going through the procedures for publication of unregistered real estate under the State Property Act.

On December 1, 1938 (Fire 13 years), the land of this case was managed and managed as a road recognition announcement as to local highway E with respect to which Suwon-gun was located as the starting point on December 1, 1938 (Fire 13 years). However, the Defendant restored the cadastral record as to the land of this case on March 20, 1953, changed its land category to the road, and occupied and managed the land of this case as part of the National Highway F on October 30, 1990, and the new national road F on November 29, 2002 changed to City/Do H, thereby using the land of this case as part of the site of City/Do H.

E. The above D’s property was inherited in sequence in the order of I, J, K, and the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1 through 7, fact-finding reply results by this court on July 2, 2019, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, as long as the plaintiff's pre-appellant D had acquired the plaintiff's pre-appellant Nos. 1,108 due to the Gyeonggi-gun No. B, Gwangju-gun, and as long as such facts are revealed, registration of preservation of ownership in the defendant's name as to the land of this case divided from the above facts shall be deemed to be registration of invalidity of cause because the presumption of presumption is reversed. Thus, barring any other special circumstances, the defendant shall seek the plaintiff, among co-inheritors who inherited D in succession, as the preservation act

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