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(영문) 수원지방법원성남지원 2017.06.14 2016가단226171
소유권보존등기말소
Text

1. The defendant, on September 18, 1996, filed with the plaintiff with respect to Suwon District Court 426 square meters of the B road in Gwangju City.

Reasons

1. Facts of recognition;

(a) In the Land Survey Book drawn up in the Japanese Occupation Period, C is registered as the owner of the 508 square meters prior to Gwangju-gun D, and E is written in the address column of the above C;

B. Thereafter, the said D land was divided into F, etc., and the said F land was 426 square meters in Gwangju-si, Gwangju-si (hereinafter “instant land”) following land category change, area conversion, and change of administrative district name.

C. On March 20, 1953, the land of this case was designated as a bank of land category, and the Defendant completed the registration of preservation of ownership (hereinafter “registration of preservation of ownership”) as against the land of this case on September 18, 1996 by the Suwon District Court of Sung-nam Branch of Sung-nam Branch Office of Gwangju District Court No. 43790 (hereinafter “registration of preservation of ownership”).

E. The above C was killed on July 2, 1947 and became the inheritor on March 22, 2014, and became the inheritor of the Plaintiff, children, I, J, and K, etc. who were the spouse of G.

【Reason for Recognition】 Each entry of evidence Nos. 1 through 6 (including branch numbers for those with branch numbers), and the purport of the whole pleadings

2. Determination

A. In full view of the evidence revealed prior to the determination of the cause of the claim and the fact-finding results of the fact-finding conducted by the head of the Dong in Gwangju City, C and C, the Plaintiff’s preference to the land of this case, are recognized as the same person in light of the Chinese name, address, permanent domicile, etc.

A person registered in the Land Survey Book as an owner shall be presumed to be a landowner unless there is any counter-proof such as the change of the situation by the adjudication, and shall be presumed to be an original acquisition. The presumption of registration of preservation of ownership is broken if it is found that a person other than the title holder of the preservation registration was subject to the assessment of the relevant land, and so the registration is null and void, unless the title holder proves that he/she acquired the relevant land by specific succession. C, as a title holder of the circumstance, was the original acquisition of 508 square meters prior to Gwangju-gun, and as a result, registration of preservation of ownership on the instant land divided from the above D land

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