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(영문) 서울중앙지방법원 2016.01.27 2015가단5080303
소유권보존등기말소
Text

1. The defendant on October 1, 1979 with respect to the plaintiff's forest B forest land No. 6,258 square meters in Seocheon-si, Gyeonggi-do.

Reasons

1. Facts of recognition;

A. The Gancheon-gun-gun, Gyeonggi-do Gancheon-gun 8 (2,610 square meters; hereinafter “instant assessment land”) was registered in the Forest Survey Division as the assessment titleholder according to the land survey project implemented during the Japanese occupation period.

B. After cadastral recovery on May 8, 1967, the assessment land of this case was divided into three parts of F forest land: (a) one square meter of the three parts of F forest land (930 square meters) and 1,893 square meters of G forest; (b) G forest was converted into B after conversion into B; and (c) G forest was converted into B and 6,258 square meters of the instant forest land (hereinafter “instant forest”).

C. The defendant completed the registration of preservation of ownership as to the forest of this case stated in the order.

E Deceased on April 17, 1937, on the death of the Republic of Korea, the head of Ha solely succeeded to the property of Ha as the head of Ha, and on August 20, 1950, H became the sole heir of Ha's property as the head of Ha.

[Ground of recognition] Facts without dispute, Gap 1 or 13's statements or images, fact-finding results on the Igcheon City, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the evidence revealed prior to the identity of the Plaintiff’s lighting and the title holder of the situation, it is reasonable to view the Plaintiff’s lighting and the title holder of the situation as the same person as the name of the Plaintiff’s lighting and the Plaintiff’s lighting recorded in the Forest Survey Division as the title holder of the land situation of this case, and as long as there is no evidence to deem that other lighting than the Plaintiff’s lighting and the name of the title holder was residing in the “D”, the address

B. Restatement 1) The presumption of registration of ownership preservation on land is reversed if it is proved that there is a separate person in charge of the assessment of the land, and the registration is null and void as long as the registered titleholder does not specifically assert the acquisition by succession. 2) As long as it is proved that E, a father of the Plaintiff, was the land of this case, the fact of lawful acquisition by succession.

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