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(영문) 서울고등법원 2016.10.07 2016나2001029
원인무효로 인한 소유권등기말소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Determination on the cause of the claim

A. The facts of recognition (1) 972 square meters prior to the Gyeonggi Yang-gun I (hereinafter “instant land”) are land assessed against H on October 13, 1913 (two years grace period), both of which were 3,213 square meters prior to the Gyeonggi-si (hereinafter “instant land”).

(2) On June 17, 1953, the J, on May 9, 1942, trading of the instant land as the cause of registration, was completed on June 17, 1953. On March 17, 1971, the registration for the restoration of the ownership was completed on March 9, 1971.

(3) H, whose permanent domicile is in the Gyeonggi Yang-gun group K, died on October 11, 1942, and accordingly, L, the head of which, as a head of the household, was his/her heir of property as a head of the household.

On February 12, 1974, the above L died, and his own consciousness M, N,O, P, Q, R and the plaintiff jointly succeeded to the property. The above M succeeded to the M's share on July 3, 1953 due to the death relationship which occurred earlier than L.

(4) Meanwhile, upon D’s death on May 13, 1987, as to each of the 5/17 shares in the instant land, F, on April 25, 200, completed the registration of ownership transfer by inheritance on April 25, 200. On September 18, 2002, as D’s death, S completed the registration of ownership transfer as to the 5/17 shares in GIST on November 11, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

B. The person stated in the judgment on the forest survey register as the owner is presumed to be the owner, and if it is found that a person other than the title holder of the preservation registration has received the assessment of the relevant land, the presumption of registration of preservation of ownership will be broken.

As to the instant case, H, the title of the assessment of the instant land, and H, the Plaintiff’s partial inheritance of the said property, are identical to one’s name and address, and thus, did not indicate H’s address in the said land survey division. However, the address of the person under the circumstances of land survey and injury is the land subject to assessment.

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