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(영문) 춘천지방법원강릉지원 2015.10.06 2015나5177
소유권보존등기말소
Text

1. Revocation of a judgment of the first instance;

2. The Defendant shall have jurisdiction over Chuncheon District Court with respect to the Plaintiff with respect to the size of 826 square meters prior to Gangseo Yangyang-gun B.

Reasons

1. Facts of recognition;

가. 원고의 조부(祖父)인 C는 1979. 6. 16. 춘천지방법원 속초지원에서 실종선고 심판이 확정됨에 따라 1956. 1. 20. 사망간주되었고, C의 재산은 원고의 부(父)인 F(2013. 12. 1. 사망)을 거쳐 2014. 1. 23.자 상속재산협의분할에 의해 원고에게 순차로 상속되었다.

B. The official cadastral record as to the 826 square meters (the above land was 255 square meters prior to Yangyang-gun, Suwonyang-gun, but was changed to 250 square meters prior to 250 square meters due to the cadastral restoration on September 30, 1964, and was changed to the size of the area on September 1, 1978. The above indication was changed as seen above; hereinafter “instant real estate” did not distinguish before and after the change of the above indication, and was entirely destroyed during the Korean War.

Since then, the land cadastre of the instant real estate was restored on September 30, 1964, but the register was not restored, and among which, on June 12, 1995, the Defendant completed the registration of preservation of ownership (hereinafter “registration of preservation of ownership”) by the Yangyang District Court No. 3334 on the instant real estate as the receipt of the Yangyang District Court’s registration office.

【Ground for recognition】 The fact that there has been no dispute, Gap's 1 through 6, Gap's 7-1, the purport of the whole pleadings and arguments

2. Determination

A. Whether the Plaintiff acquired the Plaintiff’s ownership or not is deemed to have been prepared by a public official in the course of performing his/her duties in accordance with the method and purport of preparing documents No. 1-1 and No. 2, the said documents shall be presumed to have been authentic official documents unless there is any counter-proof such as forgery or alteration (see Article 356(1) of the Civil Procedure Act). Furthermore, according to Articles 35(1) and 60(1) of the Registration of Real Estate Act, an application for registration shall be filed with a document attesting the cause of registration. Upon completing the registration, the registration number, the date of receiving the application form, the number of copies, the priority number, and the registration number shall be deemed to have been registered.

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