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(영문) 의정부지방법원 2015.06.26 2014가단34980
소유권보존등기말소
Text

1. The defendant shall make the plaintiff on January 17, 1992 with respect to the area of 185 square meters in Namyang-si, Namyang-si.

Reasons

1. Facts of recognition;

A. The field B 185 square meters (hereinafter “instant real estate”) in Namyang-si was assessed by C.

B. The Defendant completed the registration of ownership preservation as to the instant real estate by the District Court of Kuyang-ju Branch on January 17, 1992, the receipt No. 1663.

B. The Plaintiff’s father-in-child C died in 1933 and became a sole heir according to custom, D was deceased in 1981, and D was a wife E and his child, and E was an inheritor. The Plaintiff inherited the property solely due to the death in 1988.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 through 5, purport of whole pleadings

2. Determination

A. A person registered as an owner in the land investigation register for the cause of a claim shall be presumed to have become final and conclusive by taking into account the circumstances as the owner of the land or forest so long as there is no reflective evidence such as the change in the situation by the adjudication, etc., and shall be presumed to have been made. The presumption of preservation of ownership shall be broken if a person other than the title holder of the preservation registration is found to have been in the situation of the relevant land, and the registration shall be null and void unless the title holder specifically asserts the fact of acquisition by succession.

In full view of the evidence mentioned above and the purport of the court's fact-finding as to the F pages of this case, it can be acknowledged that the situation title of the real estate in this case and the name of C, who is the plaintiff's assistance division, are the same as G, the legal domicile of C, which is the plaintiff's assistance division, is the same as the location of the real estate in this case and the legal domicile of C, which is the plaintiff's assistance division, are the same as the unit of Ri. At the time of the circumstances concerning the real estate in this case, the situation that the plaintiff's assistance division and Dong name exist in Ha (hereinafter "K-gun at the time of the circumstances"), and the situation that the plaintiff's assistance division and Dong name exist in Ha ("K-gun

Therefore, this case.

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