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(영문) 서울중앙지방법원 2015.11.24 2015가단48373
소유권보존등기말소등
Text

1. The defendant received on November 21, 1995 from the Jung-gu District Court as to the real estate stated in the attached list from the plaintiff.

Reasons

1. Facts of premise;

A. According to the Forest Survey Division prepared during the Japanese occupation occupation period, the Gyeonggi-do Yangju-gun B Forest land No. 9100 (hereinafter “land subject to the assessment of this case”) is registered as being jointly under the circumstances of E residing in C and Kangwon-gun D on July 8, 1913 (Seoul 2 years), respectively.

B. The land cadastre of the instant land was destroyed and lost, and its land cadastre was divided into 4300 square meters and G 4800 square meters on November 1, 1959.

C. Since then, Gyeonggi-do Yangju-gun G 4800 square meters divided from 4800 square meters to 1434 square meters, which became the 1,434 square meters in the Gyeonggi-do Yangju-gun. The area was converted on December 30, 197 and became the 4,740 square meters in the Gyeonggi-do Yangju-gun.

Before H on January 31, 1978, the Gyeonggi-do 1,434 square meters was divided into the 2,093 square meters prior to H in Yang-gun, Yangju-gun, Gyeonggi-do, the 672 square meters prior to I, the 274 square meters prior to J, the 119 square meters prior to K, and the 1,582 square meters prior to L.

(B)(3), (4), (5) land became the real estate listed in the separate sheet due to the change of administrative district on October 19, 2003. (e)

The Defendant filed each registration of initial ownership on November 21, 1995 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

F. The Plaintiff’s fleet M had N,O, etc. A, P, Q, R, and S with children on January 26, 1962, and subsequently M died on September 3, 1967.

[Grounds for recognition] The descriptions of Gap 1 through 6 and the purport of the whole pleadings

2. Determination

(a) Any person registered as the owner in the 1 forest survey division on the cause of the claim shall be presumed to have been determined as the forest owner in the event that there is no counter-proof that the content of the situation has been changed by the adjudication, and that the circumstance has

Therefore, if a person who was listed in the Forest Survey Division as a result of the death of the person and his/her heir remains, there is no circumstance to deem that the ownership was transferred to a third party after the situation of the land exists.

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