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(영문) 서울중앙지방법원 2015.03.26 2014가단233884
소유권보존등기말소등
Text

1. The defendant, on October 1995, has the jurisdiction over the 595 square meters of B forest land in the city of Pakistan to the plaintiff, the Goyang-gu District Court of Jungyang-gu registry office of Goyang-gu.

Reasons

1. Facts of recognition;

A. The Forest Survey Division prepared during the Japanese occupation period is written in the Forest Survey Division that D having the address in Gyeonggi-si E in Gyeonggi-do was considered to have received the assessment of forest land E in Gyeonggi-do.

B. The forest land register and the real estate register were destroyed around June 25, 198. On October 10, 1980, the forest land register was restored to the forest land B 595 square meters in the Gyeonggi-gun, Gyeonggi-gun. On March 27, 1995, the forest land register was restored to the “F”’s name in the owner column of the forest land register, and the said land became the B 595 square meters in the forest land B 595 square meters (hereinafter “instant land”).

C. The Defendant completed the registration of preservation of ownership (hereinafter “registration of preservation of this case”) regarding the land of this case as described in paragraph (1) of this Article.

On July 30, 1946, D, who has a domicile in Gyeonggi-si G, has died and succeeded solely to his property by H on his/her own. On November 20, 1979, H died and jointly succeeded to his/her property by I, J, the Plaintiff, K, H, his/her father, M, and N.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6 (including provisional number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The person registered as the owner in the Land Survey Book or Forest Survey Book prepared during the Japanese occupation period, such as the identity, etc. of the Plaintiff and the person who was registered as the owner in the Land Survey Book or Forest Survey Book, such as the identity, etc. of the Plaintiff, shall be presumed to have been assessed as the owner of the land unless there is any counter-proof that the situation has been changed by the adjudication, etc., and the validity of registration of preservation of ownership shall be presumed to have become final and conclusive

As seen above in the facts of recognition, the name of the title holder of the land in this case and the name of the plaintiff D are identical to one another, and the address of the plaintiff is consistent to C at Sin interest. Accordingly, as can be known by the result of the inquiry inquiry into the Sil interest market in this court, the name of the above C is not different.

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