(영문) 서울중앙지방법원 2015.11.25 2014가단5204706

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(영문) 서울중앙지방법원 2015.11.25 2014가단5204706

소유권보존등기말소 등

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. On November 1, 1913, in the preceding 363 square meters of Gyeonggi-gun B, Gyeonggi-do, the fact of basic facts was entered as D (D, permanent domicile; Gyeonggi-gun E) on November 1, 1913. This was the 1134 square meters prior to Gyeonggi-do, Gyeonggi-gun, Gyeonggi-do, where part of it was divided into 1134 square meters (hereinafter “1 land”), and the 187 square meters prior to F, thereby making the 253 square meters prior to F (hereinafter “2 land”).

The each land of this case was completed on November 3, 2001 in the name of the defendant on which the preservation of ownership was completed.

On January 28, 1942, the third party: (a) died on January 28, 1942, and the property was inherited to G with the inheritance of Australia; and (b) G and wife HC, children IC, J, and K both were confirmed on June 25, 195 to have expired on December 10, 2013, and were solely inherited to the Plaintiff, who is his lineal descendant.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1, 2-2, 3, and 4-2, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. Unless there is any counter-proof that the situation has been changed by the adjudication, the person registered as the landowner in the alleged land survey division or the forest survey report shall be presumed to have become final and conclusive, and the person under the circumstances of the land shall be presumed to be the owner of the land, and the person under the circumstances of the land shall be presumed to be the owner of the land. However, if the person under the circumstances of the land in question is found to be the owner of the land in question, if it is proved that there is any other person under the circumstances in question, the presumption is broken, so the registration shall be null and void unless the registered titleholder does not prove the fact of succession. Thus, it is presumed that the plaintiff's prior to the land survey D was registered as the owner of each of the land in this case before the division and the substitute land in this case, and the fact is presumed to have become final and conclusive due to the lack of counter-proof evidence such as the change in the contents of the situation in this case

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