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(영문) 서울중앙지방법원 2015.06.25 2015가단2001
소유권이전등기
Text

1. The defendant is based on the restoration of real name with respect to 248 square meters prior to Pyeongtaek-si.

Reasons

1. Facts of recognition;

A. On July 7, 1911, the Land Survey Board (hereinafter “Land Survey Board”) stated that C was assessed at 75 square meters prior to the Gyeonggi Authenticity-gun D (hereinafter “instant assessment land”).

B. The instant assessment land became the real estate indicated in the order (hereinafter “instant real estate”) following the change of administrative district, conversion of area, etc.

C. On May 19, 1929, the Plaintiff’s fleet C resided in Gyeonggi-gun E with his permanent domicile and transferred it to G on May 19, 1929, and on October 9, 1931, H, the heir of Australia, the heir of Australia, was solely inherited his property.

After that, H died on October 28, 194, and on the death of Ha, as the head of the family, I inherited the property solely by the head of the family, and I died on July 15, 1987 and jointly succeeded to the property by the J, the plaintiff who is the wife, the plaintiff and the K, L, M, N, andO.

On the other hand, on December 24, 2014, the Plaintiff, J, K, L, M, N, andO agreed on the division of inherited property with the Plaintiff’s sole ownership. D.

On December 17, 2008, the defendant completed registration of preservation of ownership of the real estate of this case.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 6 (including each number), the purport of the whole pleadings

2. Determination

A. A person registered in the land investigation register for the cause of a claim as an owner shall be presumed to have been determined by the circumstances, unless there is any counter-proof such as the change in the situation by the adjudication, etc., and the presumption of registration of preservation of ownership is broken if a person other than the title holder of the preservation registration is found to have received an assessment of the relevant land. Therefore, unless the title holder specifically asserts and proves the fact of acquisition by succession, the registration shall be deemed to have become invalid.

(see, e.g., Supreme Court Decision 95Da46654, 46661, May 23, 1997). According to the above facts of recognition, C and the Plaintiff’s fleet registered as the owner of the instant assessment land in the Land Survey Board.

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