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(영문) 수원지방법원성남지원 2016.12.14 2015가단220855
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. According to the Land Survey Division of the Ministry of Shipbuilding-General Land Survey Bureau, the Ministry of Commerce, Industry and Energy stated that “the State” was assessed on November 18, 191, 44 years (191) for the Gyeonggi-gun Eap 992.

The above land became 3,279 square meters of forest land in Gwangju City (hereinafter “instant land”) due to the change of land category into forest land and the conversion of the area and the change of the name of the administrative district.

B. On December 26, 1970, the deceased G (hereinafter “the deceased”) completed the registration of preservation of ownership (hereinafter “registration of preservation of ownership”) as the receipt of the Sungwon District Court’s Sung-nam Branch Office of Busan Branch on December 26, 1970.

The Deceased died on August 8, 1997, and the Defendants succeeded to the Deceased.

[Ground of recognition] without any dispute, Gap evidence 1 through Gap evidence 3, Eul evidence 2, purport of whole pleadings and arguments

2. In light of the judgment, unless there is any counter-proof such as the change of the assessment by the adjudication, the person who was listed in the Land Survey Book shall be presumed to have been determined by the assessment of the land owner, and the person who received the assessment of the land shall be deemed to have acquired the land in the original condition, and if it is found that a person other than the title holder was under the assessment of the land in question, the presumption of preservation

According to the above facts, the registration of preservation of ownership of this case on the land of this case in the order of the deceased's name was revealed to have a separate title holder, and thus the registration of invalidation of cause has been completed by the reversal of the presumption power. Thus, barring any special circumstance, the defendants are obliged to implement the registration procedure for transfer of ownership on the land of this case to the plaintiff who is the title holder of circumstance.

As to this, the Defendants asserted that the registration of preservation of ownership in the name of the deceased was in accordance with the substantive legal relationship, and thus, the following items No. 4, No. 3, and No. 3 are included.

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