logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.09.08 2015가단5266701
소유권말소등기
Text

1. As to each real estate listed in the separate sheet to the Plaintiff, the Defendant shall make a year at each of the District Court's District Court's annual registry offices on April 1995.

Reasons

1. Basic facts

A. In the Land Survey Division implemented during the Japanese Occupation Period, B indicated that it was 165 square meters (165 square meters (hereinafter “land before subdivision”) on November 1, 1914 (3 years), the land survey division was located as of November 1, 1914.

Land before subdivision has become each land indicated in the separate sheet through the procedure of subdivision and land category change after the cadastral recovery on January 22, 1962.

B. As stated in the purport of the claim, the Defendant completed each registration of preservation of ownership on the land listed in the separate sheet.

C. B died on August 29, 1957, and on July 22, 193, 193, Da, South-Nam, succeeded to Australia, who was a senior grandchild, due to the death of July 22, 193. E was declared missing on March 31, 1965 (the Seoul Family Court, May 22, 2014, 201, 5077) and E was declared missing simultaneously.

Accordingly, the plaintiff, who is F's children, inherited his property on his own.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1 to 6 (including additional numbers), fact-finding results on G Eup, the purport of the whole pleadings

2. The presumption of preservation of ownership shall be presumed to be the owner of a parcel of land unless there is any counter-proof such as the change in the assessment of the cause of the claim to the owner of the parcel of land by the adjudication, and the presumption of preservation of ownership shall be broken if it is found that a person other than the title holder of the preservation registration was in receipt

(See Supreme Court Decision 95Da4654, 46661 delivered on May 23, 1997. According to the above facts of recognition, since the Plaintiff’s fleet B is presumed to be the owner of each land indicated in the separate sheet, the registration of preservation of ownership on each land listed in the separate sheet, which was completed in the name of the Defendant, has been destroyed by the presumption capacity. Thus, unless the Defendant did not assert or prove specific acquisition by succession, the registration is null and void, and thus, should be cancelled.

Therefore, the defendant is the defendant's heir No. 3135 of receipt on April 6, 1995 with respect to each real estate listed in the separate sheet to the plaintiff as the plaintiff as the heir of Eul.

arrow