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(영문) 서울중앙지방법원 2016.01.14 2015가단5078003
소유권말소등기
Text

1. The Defendant: (a) on February 4, 2014, the Suwon District Court’s registration office with respect to the size of 830 square meters prior to the wife population B, which is permissible to the Plaintiff.

Reasons

1. The fact-finding survey report was registered by C as the owner of the 6th 4th Y of the forest land in Gyeonggi-do-gun D-gun.

On November 20, 1913, the above C died and succeeded to Australia, and on March 7, 1956, E succeeded to Australia by the head of South and North Korea.

The area of 830 square meters prior to the wife B (hereinafter referred to as the “instant land”) is the land at present due to the change of land category and registration conversion, conversion registration of the area, change of the name of the administrative district, and change of the administrative jurisdiction, which is divided from the said forest and field.

As to the instant land, the Defendant completed the registration of initial ownership on February 4, 2014, No. 15829, which was received on February 4, 2014.

[Ground of recognition] The statement in Gap including a Serial Nos. 1 through 7, the fact-finding on this court's Pyeongtaek-si, the whole purport of the pleadings (in light of the above evidence, the date of report or notification on the forest survey report No. 4 was November 23, 1918, and C died in 1913, the land of this case was subject to registration conversion from G; evidence No. 3-2, the above F forest land area was 240 square meters with 80 square meters, and the area of the land of this case was 251 square meters with 830 square meters, and the fact-finding is insufficient to reverse the above fact-finding (see, e.g., Supreme Court Decision 80Da2327, Jul. 27, 1982).

2. Since there is no counter-proof that C was registered as the owner of the forest and field and the content of the land was changed by the adjudication, it is presumed that C was the owner of the forest and field, and the circumstances were determined by C. Ultimately, C acquired the forest and field from a timely standpoint, and the presumption of registration of preservation of ownership in the name of Defendant Republic of Korea as to the land in this case was broken.

Therefore, the defendant shall register the preservation of ownership of the land of this case to the plaintiff.

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