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(영문) 서울중앙지방법원 2016.06.23 2016가단5010806
소유권말소등기
Text

1. The defendant on December 11, 1961, with respect to the plaintiff with respect to the 1,233 square meters in Namyang-si, Namyang-si District Court, the Namyang-ju Registry.

Reasons

1. Basic facts

(a) The Land Survey Board written during the Japanese occupation period is written in the Land Survey Board, stating that the Gyeonggi Yang-gun Co., Ltd. 373 square meters was subject to assessment D.

B. The above land became a lot of land B 1,233 square meters (hereinafter “instant land”) in Namyang-si, Namyang-si following the change of administrative district.

C. On December 11, 1961, the Defendant completed the registration of ownership preservation, such as the written order concerning the instant land.

F, who had resided in Gyeonggi Yang-gun E, was distributed 373 square meters (hereinafter “instant water distribution land”) before the Gyeonggi Yang-gun G, and completed repayment in 1958.

E.F died on March 10, 1980, and the Plaintiff, his child, jointly inherited F’s property with other inheritors, such as H and I.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 6 (including each number), the purport of the whole pleadings

2. The key issue of the instant case: (a) whether the instant water distribution land and the instant water distribution land are identical to that of the instant land is 373 square meters G; and (b) the instant land is 1,233 square meters (=373 square meters) and the size of the gather land is the same as that of the instant land, but it is different from that of the instant land.

However, in the farmland claim list, B is written by J and C in the form of “J and C” in the form of “F” in the land claim list, and in the comparison register of the land cadastre B in the form of “B” in the form of “B” in the form of “F” and the land category was changed to “the answer” on March 17, 1986.

In addition, since the farmland list is the fundamental document of the farmland distribution procedure, if the farmland list is prepared, it is presumed that the land survey was conducted in accordance with the provisions of Article 32 of the Enforcement Decree of the Farmland Reform Act, and the farmland distribution was conducted for any land

If the farmland tax table has been prepared, it shall be presumed that the farmland has been investigated into the land or that it has been lawfully followed unless there is any special reason to place it.

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