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(영문) 수원지방법원성남지원 2019.01.08 2018가단218624
소유권보존등기말소
Text

1. The defendant has to the plaintiffs on June 1996, the Suwon District Court's Sung-nam Branch Office with respect to 417 square meters of forest land in Gwangju-si.

Reasons

1. Determination as to the cause of claim

A. Since a title holder of land under the former Decree on Land Survey (Ordinance No. 2, Aug. 13, 1912, 1912) acquired the pertinent land at the time, if at least the land investigation division was established and circumstances were given to the group under the former Land Investigation Ordinance, he/she or his/her heir shall be the title holder of the relevant land. Therefore, even if the State treated it as non-state real estate and completed registration as State property through the procedures under the State Property Act and subordinate statutes, it does not belong to the State (see, e.g., Supreme Court Decision 2002Da43417, May 26, 2005). Furthermore, the presumption of registration of preservation of ownership is broken if a person other than the title holder of the preservation registration was revealed to have been subject to the assessment of the relevant land, and the registration becomes null and void unless a title holder fails to assert and prove the fact of acquisition by succession (see, e.g., Supreme Court Decision 96Da16247, Jun. 28, 1996).

Judgment

Based on the above legal principles, the Defendant’s examination of the instant case was conducted on June 28, 1996 with respect to the Suwon District Court’s Sung-nam Branch Office of Busan District Court’s registration of preservation of ownership (hereinafter “instant preservation registration”) under Article 29769. N was assessed on August 20, 191, on the facts that the facts of the Plaintiff’s high tide division or evidence investigation division and N, the title holder of the instant land, were the same and the fact that the Defendant is the same person, and the record of the presumption of preservation registration of the Defendant’s name was broken. Thus, the Defendant, barring any special circumstances, is liable to implement the procedure for cancellation registration of the instant preservation registration to the Plaintiffs, co-inheritors of the instant land.

2. Judgment on the defendant's defense

A. The land of this case as to the summary of the Defendant’s assertion

6.25. The cadastral restoration shall be made after the subdivision of the official cadastral record due to the disturbance.

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