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(영문) 서울중앙지방법원 2020.09.14 2020가단5041982
소유권말소등기
Text

The defendant shall have jurisdiction over each real estate listed in the attached list to the plaintiff on the Suwon District Court's Sung-nam Branch Office on 1996.

Reasons

1. Facts of recognition;

A. (1) The land survey division drafted in the Japanese colonial era is the land survey division of Gwangju-gun B 326 square meters (hereinafter “real estate before division”).

2) The name of the F Eup was changed on June 21, 201 to G Eup. The name of the G Eup was changed on June 21, 2011.

B. On September 18, 1996, the Defendant completed the registration of initial ownership relating to the real estate before subdivision (hereinafter “registration of initial ownership”) in accordance with Article 43787, which was received by the Sungwon District Court Branch of Sungwon-nam Branch of Gwangju District Court.

C. On October 11, 2016, the real estate before subdivision was partitioned into each of the real estate listed in the separate sheet Nos. 1 and 2 (hereinafter “each of the instant real estate”). D.

한편 원고의 증조부(曾祖父)인 H는 1926. 7. 30. 사망하여, 그 아들인 I이 그 재산을 상속받았다.

I died on November 1, 1941 and succeeded to the property by J as his child, and on February 23, 2013, the J died and received inheritance of the property by the Plaintiff, K, L, and M as his child.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The assertion and judgment

A. 1) Determination as to the cause of claim: (a) Persons registered in the Land Survey Book of the relevant law as the landowner is presumed to have become final and conclusive, inasmuch as there is no reflective evidence such as the change of the situation by the adjudication, etc.; (b) the presumption of preservation of ownership was broken down if a person other than the title holder of the preservation registration, other than the title holder, was found to have undergone the relevant land assessment (see, e.g., Supreme Court Decision 98Da13686, Sept. 8, 1998); and (c) the instant case was health zone; and (d) the following circumstances, namely, the person who inherited the real estate before subdivision, was residing in the “Mari-ri,” if it is found that a person other than the title holder of the preservation registration was found to have undergone the relevant land assessment.

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