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(영문) 수원지방법원 성남지원 2018.09.19 2018가단203974
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. D was assessed around 1913 on the 2,154 level E in Gwangju-gun around 1913.

B. On June 22, 1965, the above land was divided into 915 square meters prior to the Gyeonggi-gun, Gwangju-gun, and the above divided land became the “2,830 square meters prior to the Gyeonggi-si, Gwangju-si” (hereinafter “administrative district name and before and after division”) as of the date of change of administrative district name and division.

C. G completed the registration of initial ownership on June 22, 1965, and the Defendant completed the registration of initial ownership on the instant land by G’s children, and the registration of ownership transfer was completed on June 15, 200 by the Suwon District Court No. 30351, Jun. 12, 200, as to the said land by Sungnam District Court Decision No. 30351, Jun. 15, 200.

On the other hand, the plaintiff seems to have owned D's grandchildren, and the inheritance shares of D's properties are 16/297 as follows.

Gap evidence Nos. 2 and 3 (Death before the death of the deceased after the removal from the military register) D's heir (Inheritance Shares), H I (Inheritance Shares) J (Inheritance, Marriage, Death of December 9, 1985), J (Inheritance), (Inheritance) (11/11), 4/11 of the heir of J's heir (Inheritance Shares), K (Inheritance), L (Marriage, Marriage), M, N,O, A (Plaintiff), P (6/27), (4/27), (4/27), (4/27), (4/4/27), (4/27), (4/4/17), and (4/14/17 of the case of the deceased's heir of J, respectively, the final ground for death of the deceased's heir of Korea (Inheritance Shares), and the final ground for death of the deceased's heir of the deceased's heir of Korea (Inheritance Shares), and the final ground for death of the deceased's heir of five years 1/197

2. The presumption of registration of initial ownership preservation as to the cause of the claim shall be broken if a person other than the title holder of the registration of initial ownership preservation is found to have received an assessment of the relevant land, and the registration shall become null and void, unless the title holder asserts or proves the specific fact of acquisition by succession.

According to the above facts, since registration of preservation of ownership in G in the name of G on the instant land is recognized as having undergone the assessment of D, such presumption is broken due to the existence of a titleholder.

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