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(영문) 서울중앙지방법원 2020.02.19 2019가단5086576
소유권말소등기
Text

1. The defendant is against the plaintiffs:

(a) relevant column of the attached inheritance shares among the real estate listed in paragraph 1 of the attached list of real estate;

Reasons

Basic Facts

In the forest survey report or land survey report prepared during the Japanese occupation occupation period, the land survey report or land survey report indicate that three other persons, including G, H, I, J, K, L, M, and N, who have a domicile in the same Ri, were under the circumstances of the said G.

Each of the above lands was destroyed by the registry and cadastral record thereof, and cadastral record was restored to each of the lands listed in the separate sheet of real estate (hereinafter “each of the instant lands”) around 1980, and the Defendant completed the registration of preservation of ownership of each of the lands listed in the separate sheet No. 17483, Nov. 19, 2010; and each of the lands listed in the separate sheet No. 2 through No. 16518, Dec. 15, 2014.

On the other hand, the plaintiffs' shipbuilding P died on August 16, 1932, and P succeeded to the O's property as family heir.

P died on January 3, 1961, and the spouse of Q Q and Australia, R, married son, S, and Plaintiff A, a married son, succeeded to the property of P.

R died on March 4, 1965, and Qinher mother succeeded to the property of R.

Q has died on December 8, 1973 and succeeded to the property of Q Q.

S died on December 1, 1994, and the plaintiff B, C, D, and E, a child, succeeded to the property of S.

[Reasons for Recognition] In the absence of dispute, each entry in Gap's evidence Nos. 1 through 10, and 13 (including branch numbers, if any), and each entry in the land investigation register to determine the purport of the whole pleadings, unless there is any counter-proof that the circumstances have been changed by the adjudication, the person who is registered as the owner shall be presumed to be the owner of the land and shall be presumed to have become final and conclusive, and the ownership preservation registration shall be presumed to have been effectively acquired, and if it is found that a person other than the title holder of the preservation registration was aware

(see, e.g., Supreme Court Decision 2007Da79718, Dec. 24, 2008). As to the instant case in accordance with the foregoing legal doctrine.

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