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(영문) 서울중앙지방법원 2018.09.13 2018가단5038600
소유권말소등기
Text

1. The defendant shall be the plaintiff.

(a) Goyang Branch of the District Court with respect to real estate in paragraph 1 of the attached list;

Reasons

1. Facts of recognition;

A. On November 5, 1973, the Plaintiff’s prior net B established a permanent domicile in Gyeonggi-gun C, and died at the permanent domicile of the deceased. The Plaintiff is one of the co-inheritors of the deceased.

B. On September 20, 1964, at KRW 1,641, F, who had a domicile in the E-dong of the Sung-si, was determined by the following: (a) on September 20, 1964, the said land was cadastral restored to KRW 1232 and KRW 418 (hereinafter “each land before subdivision”); and (b) on each land before subdivision was divided and land category was changed to each land listed in G, H and the attached Table (hereinafter “each land of this case”).

C. On December 18, 1964, I, who had a domicile in Pakistan with respect to each of the lands before subdivision, completed the registration of preservation of ownership in accordance with the Act on Special Measures for the Transfer, etc. of Ownership of Farmland (Act No. 1657). The defendant completed the registration of preservation of ownership in each of the lands of this case divided from each of the lands before subdivision after undergoing the public announcement procedure of non-owned real estate, and completed each of the lands of

[Recognizing Facts] Unsatisfy, each entry in Gap evidence 1 to 9 (including branch numbers for those with additional numbers), and the purport of the whole pleadings

2. Determination

A. In the land for which registration of ownership preservation has been made under the former Act on Special Measures for the Transfer, etc. of Ownership of General Farmland (amended by June 30, 1965), the registration is completed in accordance with the lawful procedure prescribed in the same Act, and is presumed to be a registration consistent with the substantive legal relationship (see, e.g., Supreme Court Decision 96Da31024, Nov. 15, 1996).

As to the instant case, registration of preservation of ownership in the name of the I, which was completed on each land prior to the subdivision of each land of this case, is presumed to be a valid registration in accordance with the substantive legal relationship, since it is in accordance with the lawful procedure prescribed by the aforesaid Act. Therefore, the registration of ownership in each land of this case shall be deemed to be a valid

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