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(영문) 서울중앙지방법원 2020.01.16 2018나63664
소유권말소등기
Text

1. Revocation of a judgment of the first instance;

2. The defendant is about B road B 787 square meters to the plaintiffs in Namyang-si.

Reasons

1. Facts of recognition;

A. The land is divided into the land located in Gyeonggi-si, Namyang-si, B road B (hereinafter “instant land”) with D located in the Gyeonggi-gun (hereinafter “instant land before the instant partition”).

B. As to the land before the instant partition, there is no land survey book as to the land before the instant partition, and ② the former land cadastre (No. 3-1 of the evidence No. 1 of the evidence No. 3) is written as “the assessment against AB residing in AAri on November 20, 1913 (2 years in 1913, 200),” and ③ the name “AB” is written in the above part of the land of the cadastral source map (3).

C. On November 28, 1928 (Fire 3, 1928), the Plaintiffs’ first aid C died, and E, one of his children, succeeded to Australia and the property, and the said E died on June 5, 1931 (fire 6 years) and F, one of his children, succeeded to Australia and the property.

F On January 3, 1976, the F died, and his son A inherited his property. D.

AA was incorporated into AD according to the administrative district consolidation in 1914, and the permanent domicile of the plaintiffs' good will be AE.

E. As to the instant land, the Defendant’s registration of preservation of ownership (hereinafter “registration of preservation of ownership”) is the registration of preservation of ownership (No. 111067), which was received on October 27, 2010 by the Namyang District Court, Namyang District Court, the South

(f) On June 12, 2018, A died on June 12, 2018 while the instant lawsuit is pending, and the Plaintiffs, who are their children (heirs) and grandchildren, taken over A. [based on recognition] Facts that there is no dispute, A’s 1 through 5, 12, 1 through 3, and 11 evidence (including the serial number, hereinafter the same shall apply).

each entry, video, and the purport of the whole oral proceedings

2. The presumption of registration of preservation of ownership as to the cause of the claim is broken if a person other than the title holder of the registration for preservation is found to have received an assessment of the relevant land, and thus the registration of this case becomes null and void unless the title holder proves that he/she has acquired a specific succession (see, e.g., Supreme Court Decision 96Da16247, Jun. 28, 1996). According to the above recognition, the land prior to the division of this case is subject to AB.

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