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(영문) 서울중앙지방법원 2015.08.11 2015가단5017909
소유권말소등기
Text

1. The defendant shall receive on October 29, 2003, from the plaintiff, the Suwon District Court 1,092 square meters of forest B in Sungsung-si.

Reasons

1. Facts of recognition;

A. According to the Gyeonggiwon-gun Land Survey Division, which was drafted during the Japanese occupation occupation period, it is written that E residing in D was determined on August 6, 191 by 1,052 square meters of the Gyeonggi Suwon-gun Forest Forest Land (hereinafter “the mother land of this case”).

B. Thereafter, from the mother land of this case, the land of this case was divided into 1,092 square meters of B forest land (hereinafter “instant land”) and the Defendant completed the registration of initial ownership (hereinafter “registration of initial ownership”) on October 29, 2003 by the Sungwon District Court No. 110272, which received the registration office of the Sungwon District Court on October 29, 2003.

C. E, the assessment title of the mother land of this case, died on April 13, 1919, and G became the sole heir of the above E, and thereafter G died on September 23, 1993, and thereafter the Plaintiff’s denying H became one of the heir of G’s property, and the Plaintiff died again, and became one of the co-property successors of the above H.

[Ground for Recognition: Facts without dispute, Gap 1 to 5 evidence, each entry of Eul 1, the purport of the whole pleadings]

2. In full view of the following circumstances: (a) as to the Plaintiff’s claim, the Plaintiff’s written evidence Nos. 1 through 5, the Plaintiff’s domicile is D at the time of the circumstances of E, a title holder of the mother’s land, and the Plaintiff’s prior domicile is also D; (b) the Plaintiff’s prior domicile is the same as the Plaintiff’s prior domicile; and (c) there are no materials to deem that E and Dong name existed at the time of the circumstances; and (d) the fact that E and the Plaintiff’s prior domicile, a title holder of the assessment of the mother’s land of this case, are the same.

On the other hand, as long as the situation has been changed by an adjudication, it is presumed that the land owner was the land owner and the situation has become final and conclusive. Thus, according to the above recognition, E, the Plaintiff’s prior owner, registered as the land survey book of the mother land of this case, is the land survey book of this case.

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