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1. The defendant on February 16, 1996 to the plaintiffs with respect to the area of 235 square meters in the Namyang-si, Namyang-si.
Reasons
1. Basic facts
A. The land survey division drafted during the Japanese occupation period is written by Yangju-gun, J, the address of which was changed, as described in paragraph (1) of this Order, with respect to 71 square meters (hereinafter “instant land”). around November 20, 1913 (No later than 2 years), around 20, 1913 (No later than 2 years).
B. As to the land of this case, the Defendant completed the registration of possession, preservation (hereinafter “registration of preservation of this case”) as stated in Paragraph (1) of this Article.
C. On July 6, 1935, the Plaintiffs died and succeeded to the property of the Plaintiffs, as the head of family heir, and on January 30, 2001, the Plaintiffs, who were their children, jointly succeeded to the property.
[Reasons for Recognition] Facts without dispute, entry of Gap 1 through 8 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiffs asserted that the land of this case was originally acquired under the circumstances of K, the plaintiffs' prior owner, and died after L was solely inherited and died, and thus, the registration of preservation of ownership in the name of the defendant was jointly inherited and owned by the plaintiffs. Since the presumption power of preservation of ownership in the name of the defendant is broken and the registration of invalidity of the cause is void, the defendant is obligated to cancel the registration of preservation of this case to the plaintiffs, the owner
As to this, the Defendant asserts that J and K are the same person, who is the real name of the land of this case, and that J disposed of the land adjacent to this case to M, and that ownership has been transferred to N thereafter.
B. As long as there is no counter-proof such as the change of the situation by the ruling, the person registered as the owner in the Land Survey Book of the relevant legal principles can be presumed to have been determined by the ruling and the circumstances have become final and conclusive. If it is found that a person other than the title holder of the preservation registration was the assessment of the relevant land.