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(영문) 서울중앙지방법원 2017.10.24 2017가단5031787
소유권이전등기
Text

1. The defendant is based on the restoration of the real name with respect to B miscellaneous land B in Dongbcheon-si.

Reasons

1. Facts of recognition;

(a) The Land Survey Book of the Yangju-gun C is written as the owner of the land in which the address is not written;

B. On July 1, 1981, 1981, the Gyeonggi Yang-gun was changed to Fdong-si. The defendant completed the registration of preservation of ownership on July 19, 1993 with respect to the 1,302 square meters (hereinafter “instant land”) of Dong-si B Miscellaneous land in Dongcheon-si and Dong-si on July 19, 1993.

C. On December 16, 1958, G, the Plaintiff’s fleet, died and succeeded solely to H, the grandchildren of Australia, as the grandchildren. After that, H died on September 24, 1971, and his children and children, including the Plaintiff, jointly succeeded jointly.

In around 2016, I, J, K, L, M, N, P, and the Plaintiff, who are co-inheritors, agreed on the division of inherited property, the land of which is owned solely by the Plaintiff.

[Reasons for Recognition] Unsatisfy, entry of Gap 1 to 34, the purport of the whole pleadings

2. Determination

A. D’s entry as the owner of the instant land in the Land Survey Book is presumed to have become final and conclusive, inasmuch as there is no counter-proof that the content of the instant land was changed by an adjudication, etc.

In addition, registration of preservation of ownership in the name of the defendant, which completed the land of this case, is proved to have a separate title holder as above, and thus, the presumption effect is broken and the cause is null and void. As such, G shall be deemed to have acquired the land of this

On the other hand, according to the following facts revealed by taking account of the above trusted evidence, D and the Plaintiff’s prior G are the same persons, who are the names of the circumstances.

In other words, D and the Plaintiff’s preference G are the same as Q, and D, a situation titleholder, appears to be the sports Yang-gun, in light of the fact that the address is not separately stated in the Land Survey Division, and this is almost the same as R in the Plaintiff’s prior domicile G.

Therefore, the Defendant, a successor to G who originally acquired the instant land, shall raise objection to the Plaintiff.

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