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(영문) 서울중앙지방법원 2015.01.13 2014가단77831
소유권보존등기말소
Text

1. The defendant on December 12, 1995 with respect to the land size of Gyeonggi-gun B forest land 992 square meters to the plaintiff.

Reasons

1. Facts of recognition;

A. According to the Land Survey Book of Gyeonggi-gun C, which was made up during the Japanese occupation 300 square meters, the said land was indicated as being under the circumstances of E residing in the Gyeonggi-gun, the Gyeong-gun, the Japanese occupation of which was changed and the land size was changed into 92 square meters in Gyeonggi-gun, the Gyeonggi-do, the Gyeonggi-do, the Gyeonggi-do, the Gyeonggi-do, the Gyeonggi-do, the Gyeonggi-do, the Gyeonggi-do, the G

B. The Defendant completed the registration of preservation of ownership (hereinafter “registration of preservation of ownership”) of the real estate of this case by the Suwon District Court No. 23837, Dec. 12, 1995, received on December 12, 1995.

C. On January 23, 1935, H, whose permanent domicile was entered into “G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, 2, 3, Gap evidence 3, Gap evidence 4-1 through 4, the purport of whole pleadings

2. Unless there is any counter-proof, such as the change of the content of the situation by an adjudication, a person registered as an owner in the land investigation register regarding the cause of a claim shall be presumed to have become final and conclusive, and the relevant land shall be naturally acquired (see, e.g., Supreme Court Decision 2009Da94384, 94391, 94407, May 13, 201). If it is verified that there is another person to whom the relevant land was assessed, the presumption of ownership preservation on the land shall be broken and the registration shall be deemed null and void, unless the registered titleholder specifically asserts and proves that there is a separate person to whom the relevant land was assessed.

(see, e.g., Supreme Court Decision 2002Da43417, May 26, 2005). The following can be seen based on the following facts: (a) the facts charged; (b) the facts charged; (c) Gap evidence No. 5; and (d) the fact-finding results and the entire purport of the pleading against the head of Jongno-gu Office

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