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1. The Defendant received on May 1, 1980 from the Plaintiff on the 1,236 square meters prior to Seocheon-si District Court Macheon District Court.
Reasons
1. Basic facts
A. The land research division prepared during the Japanese occupation period is written in the land research division, stating that D residing in the “C” was under the circumstance of 2,085 square meters (hereinafter “land before the instant partition”).
B. The instant land prior to the instant partition became 1,236 square meters, etc. (hereinafter “instant land”) prior to Seocheon-si following the division, conversion of the area unit, change of the name of the administrative district, etc.
C. Around August 14, 1955, the Plaintiff’s first-class D, who resided in the F, with his permanent domicile located in the “Spocheon-si F,” succeeded to Australia. Since G died on or around March 2, 1985, the Plaintiff et al. succeeded to the property.
On the other hand, the defendant completed the registration of preservation of ownership of the land of this case as stated in paragraph (1).
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. Determination
A. A person registered as a landowner in the Land Survey Book or the Forest Survey Book shall be presumed to have become a land owner, unless there is any counter-proof that the situation has been changed by adjudication, etc., and the situation is presumed to have become final and conclusive, and the person in whose case the land was assessed shall be deemed to have acquired the land smoothly, and where it is revealed that there is a separate person to whom the land was assessed, the presumption of registration of preservation of ownership on the land shall be broken and the registration shall be deemed to be null and void
(See Supreme Court Decision 2009Da94384, 94391, 94407 decided May 13, 201, etc.) B.
According to the following facts, the above basic facts, Gap evidence Nos. 5 through 9, the military amnesty of this court, the results of the fact-finding reply to the Kancheon Market, and the purport of the whole arguments, the following circumstances are recognized:
(1) Paragraph (2) of the former Land Survey Decree (Ordinance No. 2 of August 13, 1912) enacted during the Japanese occupation period is the address of the owner.