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(영문) 의정부지방법원고양지원 2019.12.26 2019가단76197
소유권말소등기
Text

1. The defendant, on November 2003, has the jurisdiction over the 2,228m2 to the plaintiff as to the 2,228m2.

Reasons

1. Facts of recognition;

A. On May 14, 1913, in the land investigation register in which the Japanese occupation was prepared, C entered into a land investigation register with the Gando-gun, Gyeonggi-gun (hereinafter “Eando-gun, 1934”) 674 square meters (2,228 square meters if it is converted into a lot of land; hereinafter “instant land”) and 674 square meters (hereinafter “the instant land”).

B. On October 22, 1944, G, the address of which is the Fri-gu of the Gyeonggi-do Group, died and succeeded to the property solely by the head of Ha, South Korea, H was born at the J of the Ith sports group of the Ith sports day.

H Dec. 2, 1971, died on June 2, 1971, and the plaintiff (the plaintiff was born at the same place) and K, L, M, N,O, P, and Q jointly inherited the property.

C. The name of the current administrative district of the Fri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-

[Ground of recognition] Facts without dispute, entry of Gap 1 to 6 evidence, purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, in light of the Plaintiff’s assistance net G and C’s name, the circumstance title of the land in this case, and the Plaintiff’s assistance net G’s domicile and the Plaintiff’s assistance net G coincide with “Fri”, it is reasonable to view that the Plaintiff’s assistance net G and the instant land’s assessment title are the same person.

Meanwhile, the presumption of registration of preservation of ownership is broken if a person other than the title holder of registration of preservation is found to have received an assessment of the relevant land, and such registration shall be deemed null and void as a cause of the registration, unless the title holder asserts and prove the fact of acquisition by succession (see Supreme Court Decision 96Da16247, Jun. 28, 1996). As seen earlier, since the title holder of the circumstances concerning the instant land is C, the registration of preservation of ownership in the name of the defendant is deemed null and void as the presumption power is broken, and unless there are special circumstances, the defendant succeeds G in succession in sequence.

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