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(영문) 서울중앙지방법원 2016.02.16 2013가단5153283
소유권말소등기
Text

1. The defendant shall be the plaintiff.

A. In respect of the land in the attached list Nos. 1, 2, and 4, the Suwon District Court shall transfer the registration office of the Suwon District Court.

Reasons

1. Facts of recognition;

(a) written by C residing in the Land Survey Division of Echeon-si D 94 square meters, E 59 square meters, F 372 square meters, G 314 square meters, and H 334 square meters, respectively;

B. On October 26, 1946, the Plaintiff’s fleet C died and succeeded to the deceased deceased son on the sole basis, and the J’s household level is as shown in the attached household level. The Plaintiff was declared missing on the ground that the life or death was unknown for five (5) years or more after November 18, 1950, and the period of each of his/her disappearance on July 31, 1955, and the Plaintiff is an I’s father.

C. On December 30, 1957, the 94 square meters in Dongcheon-si D shall be 291 square meters in V 291 square meters and W 20 square meters in size, F 372 square meters in size was divided into X 1,061 square meters in size on December 30, 1957, X 1,061 square meters in size on December 30, 1957, and H 334 square meters in size into Zland 367 square meters in size and AA 737 square meters in size, respectively.

The defendant completed the registration of initial ownership in relation to the land Nos. 1, 2, and 4 in the attached list No. 5226 of the Suwon District Court Leecheon District Court's Lee on March 8, 1995, and the land No. 3, 5 in the same list as the same registry office on June 19, 1959.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 6, each fact inquiry result by this court, the purport of the whole pleadings

2. Determination

A. 1) Determination as to the cause of a claim is that a person registered in the Land Survey Book as an owner is presumed to have become final and conclusive, unless there is any counter-proof such as the change of the situation by the adjudication, etc., and thus, a person who is registered in the Land Survey Book is presumed to be the owner of the land. The presumption of registration of preservation of ownership is broken if it is found that a person other than the title holder of the preservation registration was the situation of the relevant land (see, e.g., Supreme Court Decision 2007Da79718, Dec. 24, 2008; 2007Da79718, Dec. 24, 2008).

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