logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2021.02.23 2020가단5087223
소유권말소등기
Text

1. The defendant is liable to the plaintiffs for the registration of the Namyang District Court's Seoul District Court's Seoul District Court's registration of the Namyang District Court's 298 square meters of forest land in Namyang-si.

Reasons

Facts of recognition

The “Yanyang-si, Namyang-si, D 1 single 2 pages” (hereinafter “Yanyang-si”) was destroyed by a cadastral record on June 25, 196. As a result of cadastral restoration thereafter, it was divided into E 3 affairs (298 square meters), F 6 affairs (724 square meters), C3 affairs (298 square meters, orders, forest land, etc.; hereinafter “the instant forest land”). The said F was deleted by being registered as G 724 square meters on November 1, 1969.

The forests and fields prior to the division are written in the Forest Survey Division prepared in the Japanese occupation period, which is the fact that H “The assistance of the resident plaintiffs was received.”

I died on October 7, 1931, and solely succeeded to the property of J, i, i.e., his head-math-math-math-math-math-math-math-math, and J died on January 10, 1951 and as his heir, K, L, Plaintiff A, Plaintiff B and M.

The registration for the preservation of ownership in the name of the defendant was completed as of September 5, 1986 with respect to the forest of this case by the Jung-gu District Court, the Namyang District Court, the registration of the preservation of ownership in the name of the defendant was completed.

On the other hand, the defendant completed the registration of the preservation of ownership in the name of the defendant as of September 27, 1995 with respect to the above G 724 square meters (existing F6 square meters). The plaintiffs filed a lawsuit against the defendant in 2006 against the defendant for the cancellation of the registration of the preservation of ownership, and received a favorable judgment on June 1, 2007 (Gai District Court Decision 2006Gao43071). The judgment became final and conclusive on June 27, 2007.

[Ground for recognition] The fact that there is no dispute, Gap 1-8 evidence (including branch numbers), and the fact-finding of this court's viewing of South-North Korea, based on the fact-finding findings as to the ground for claim determination of the overall purport of the pleadings, I, registered in the Forest Survey Division as the owner of the forest land before division, acquired the forest land after being assessed as the owner of the forest land before division unless the content of the situation is changed by the review procedure.

and there is a separate person who received the assessment of the forest of this case.

As long as it is revealed, the presumption of the right to the registration of preservation of ownership in the name of the defendant is broken, so the registration is not specifically proven by the defendant.

arrow