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(영문) 서울중앙지방법원 2015.08.28 2015가단9576
소유권보존등기말소
Text

1. The defendant received on February 9, 1980 from the plaintiff on the land stated in the attached list from the Jung-gu District Court, Macheon Registry.

Reasons

1. Facts of recognition;

A. According to the Land Survey Division for Gyeonggi-gun B prepared by the Joseon-gun District Provisional Land Survey Bureau, the land survey division for the Gyeonggi-gun B was indicated as the situation where F residing in the Chungcheong-gun C (a part of C as a result of the change of administrative district, and the remaining part was incorporated into E) was previously 327 of G in 1913 (a later, it became the land listed in the attached list following procedures such as the change of administrative district, area conversion registration, etc.; hereinafter “instant land”).

B. As to the instant land, the Defendant completed the registration of ownership preservation as the receipt No. 981 of February 9, 1980 by the Jung-gu District Court Macheon District Court Macheon Registry on the instant land.

C. On August 2, 1937, the Plaintiff’s prior owner of the ship: (a) died on August 2, 1937; (b) on October 11, 1958, H solely succeeded to the property of the Republic of Korea-Nam-Nam-Nam-Nam-nam; (c) died on June 17, 1994, and (d) jointly succeeded to the property of K, the Plaintiff, L, M, N,O, and P, the wife’s wife and children.

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

2. The assertion and judgment

A. The plaintiff asserts that the registration of preservation of ownership in the name of the defendant as to the land of this case should be cancelled as the registration of invalidation, since F, the plaintiff's prior owner, was the same as F, the same as F, and original owner of the land of this case, under the assessment of the land of this case.

The Defendant asserts that the Plaintiff’s preference was already disposed of, or waived ownership to, a third party of the instant land in light of the fact that F and the land survey book were not the same person, and even if not, the heir, including the Plaintiff, did not complete the registration of ownership preservation for a long time.

B. If it is found that there is another person to whom the land was assessed, the presumption of ownership preservation on the land in question shall be broken and the registered titleholder shall not specifically assert and prove the acquisition by succession.

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