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(영문) 서울중앙지방법원 2017.11.29 2016가단5231436
소유권말소등기
Text

1. The defendant, on July 28, 1986, shall be registered with the Government Registry of the District Court of Jung-gu with respect to the land size of B 694 square meters for the plaintiff.

Reasons

1. Facts of recognition;

A. At the time of the Japanese occupation occupation, the Forest Survey Division prepared by the Japanese Government Ordinance (Ordinance No. 2, 13, 1812, the repeal of the Order No. 13, 1812) is written in the owner column of the Yangju-gun’s Cr. Cr., the “E” with the address of the Gansung-gun’s D.

(b) a.

On November 30, 1963, the land indicated in the port was cadastrally restored to B forest No. 694 square meters (hereinafter “instant land”). Since then, the registration of ownership preservation in the Defendant’s name was completed on July 28, 1986 by the Government Registry of the District Court of Jung-gu District on the instant land as the receipt on July 28, 1986.

C. Meanwhile, G with a permanent domicile and address in Jongno-gu Seoul Metropolitan Government “F” died on June 20, 1946, and H, the head of which is the family heir, inherited the above G’s property independently. H also died on March 23, 1973, and the Plaintiff inherited H’s property solely.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. In full view of the statement No. 4 as to the cause of the claim and the fact-finding results with respect to the head of Jongno-gu in this Court, in the judgment of the Seoul District Court 92Gahap6454, the E and the Plaintiff’s fleet G were recognized as the same person at the time of the Japanese colonial rule, and the judgment became final and conclusive, and there is no data that the Plaintiff’s name, other than the Plaintiff’s name, resides in the Plaintiff’s name, during the period from 1910 to 1940. Accordingly, according to the above facts, it is reasonable to view E and the Plaintiff’s name, E and the Plaintiff’s name, the owner of the forest land of this case, as the same person.

In addition, those who are entered in the Forest Survey Book as the owner shall be presumed to have become final and conclusive after being assessed as the owner of the forest, unless there is any counter-proof such as the change in the assessment by the ruling.

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