(영문) 서울중앙지방법원 2015.04.29 2014가단5309991

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(영문) 서울중앙지방법원 2015.04.29 2014가단5309991

소유권말소등기

Text

1. The defendant on February 26, 1996, with respect to the plaintiff with respect to the area of 8,926 square meters in Gyeonggi-gun B, Gyeonggi-do.

Reasons

1. Basic facts

A. According to the Land Survey Book drawn up in the Japanese occupation period, the person “C” was registered as “C” on July 9, 1913, but the address is not separately indicated. However, the land Survey Book drawn up in the Japanese occupation period is registered as “C” on the same day.

B. On February 26, 1996, the Defendant made a registration of preservation of ownership on the instant real property.

C. C, the Plaintiff’s increased father, is Gyeonggicheon-gun Group D, which died on February 17, 1948.

Before C, after the death of the South E, the son F succeeded to Australia and the property by inheritance, and the F died on June 6, 1991, the plaintiff, as the only heir, succeeded to the property as the son.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. A person registered in the land survey division as the owner shall be presumed to be the owner of the land, unless there is any counter-proof such as the change in the content of the land by the adjudication, and the circumstance shall be presumed to have been determined. Therefore, if the person registered in the land survey division as the owner of the land dies and his/her successor remains, unless there is any circumstance to deem that his/her ownership has been transferred to a third party after the fact that the person registered in the land survey division was transferred the land,

In this case, C is registered as the owner of the real estate in this case, the land investigation injury, and the address is not separately indicated. The name is the same as C, which is the plaintiff's increased portion of the plaintiff, and the legal domicile of the plaintiff's increased portion C is the Gyeonggicheon-gun as above. According to the results of the fact inquiry about G of this court, Gyeonggi-gun-gun can recognize the fact that there is no person with the same name except for the plaintiff's increased portion C.

The above facts of recognition are ordinarily circumstances.

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