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(영문) 서울중앙지방법원 2016.04.29 2016나9116
소유권말소등기
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. Gyeonggi-do Leecheon-gun-gun, B 754 and C 1,450 square meters (hereinafter “each of the instant circumstances”) were registered in the land survey division of E, a land survey division of E, who has an address in Sju-gun D around 1912 in accordance with the Land Survey Decree enforced during the Japanese occupation period.

B. Each of the instant circumstances land was changed to the maintenance of land category on May 20, 1962. The land category of this case was changed to the maintenance on May 20, 196, and the Gyeonggi-do Seocheon-gun B Seocheon-gun B field 754 square meters, following the conversion of area units, administrative district conversion, and division, became the real estate in the sequence 1 in the attached Table No. 754 square meters among the real estate listed in the attached Table. The land in this case was 2 real estate in the sequence 5,00 among the real estate listed in the attached Table that was merged into H on December 21, 196

(hereinafter referred to as “each of the instant real estates” in the separate sheet

The defendant completed the registration of ownership preservation on March 30, 1988 with respect to each real estate of this case.

On April 21, 1937, the Plaintiff was born from the YJ I to the south of the J. On March 3, 1924, E (the Plaintiff’s accommodation) died with the Defendant’s without any child on March 3, 1924, and on June 16, 1939, the Australia L (the Plaintiff’s assistance division, the father of E) who was the head of the household at the time of the death of E was killed on June 16, 1939, and on February 6, 1940, the J (the Plaintiff’s father) who succeeded to the head of the household was also the sole heir of the Plaintiff as the head of the household.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 12, Eul evidence 2 to 8 (including paper numbers) or video, the purport of the whole pleadings

2. The presumption of registration of preservation of ownership is broken if a person other than the title holder of the registration for preservation is found to have received an assessment of the pertinent land. As long as the title holder of each of the circumstances of this case, which is the land of each of the instant real estate, has been revealed to E, each of the reasons for registration of preservation of ownership in the name of

Therefore, the defendant completed each of the real estate of this case in the name of the defendant against the plaintiff who succeeded to E, a well-known person.

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