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(영문) 서울중앙지방법원 2016.11.23 2016가단5020612
소유권이전등기
Text

1. The defendant is based on the plaintiff's restoration of real estate stated in the separate sheet.

Reasons

1. Facts of recognition;

A. According to the Land Survey Division prepared under the former Land Survey Ordinance during the Japanese Occupation Period, “Usu-gun B” was examined as follows: “Uri-gun B” C was examined as the answer 1,367 square meters E (hereinafter “D only”) in Ansan-si D (hereinafter “D”) and F 4,738 square meters.

B. Each real estate listed in the separate sheet around July 4287 ( July 1954) is divided into E return 1,367 and F return 4,738.

C. As to each real estate listed in the separate sheet, the Defendant completed the registration of initial ownership on December 27, 1996 as the receipt No. 36417 on December 27, 1996.

There is no C, H, and I whose main purpose is Suwon-si G.

E. The Plaintiff’s fleet C was adopted as the adoption of Australia L in Suwon-gun, Suwon-do (former Suwon-si K).

C As the South-North of C and C died, C’s wife H was inherited in Australia.

H reported the adoption of the Plaintiff as an ex post facto adopted child, and the Plaintiff was inherited on September 4, 1948.

The legal domicile of the plaintiff is Suwon-si M.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 15, Eul evidence Nos. 1 and 1 (including branch numbers), and the purport of the whole pleadings

2. Judgment on the ground of the Plaintiff’s claim

A. Presumption of registration of preservation of ownership of a parcel of land is invalid, unless the person to whom the land was assessed is broken and the registered titleholder specifically asserts and prove the acquisition by succession, unless it is proved that there is another person to whom the land was assessed.

(1) A person who was registered in the Land Survey Board shall be presumed to have been determined by the Ordinance on Land Survey (see, e.g., Supreme Court Decisions 2002Da43417, May 26, 2005; 2002Da43417, May 26, 2005).

(See Supreme Court Decision 2005Da17792 Decided November 30, 2007, etc.).B.

C whose main purpose is Suwon-si G does not exist, and the legal domicile of the plaintiff is Suwon-si G, and C's.

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