(영문) 의정부지방법원 2017.05.23 2015가단40999

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Reasons

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자간(%)

(영문) 의정부지방법원 2017.05.23 2015가단40999

소유권보존등기말소

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Facts of recognition;

A. Of the lands listed in the separate sheet (hereinafter “instant assessment land”), the land indicated in paragraph (1) is indicated in the forest survey report within the Japanese occupation point period, and as indicated in paragraph (4), in the land survey report, “C is indicated as being under the circumstance.”

On the other hand, with respect to each land of paragraphs 2 and 3, each land is described as "the State" as "the owner of the forest survey report," "DC and EF" as to the land of paragraph 2 as the relative, and "DC" as to the land of paragraph 3 as "DC."

B. As to the land of this case among the land of this case, the defendant Republic of Korea held on February 26, 1996; as to the land of this case, October 29, 196; as to the land of this case, the defendant Republic of Korea held on October 9, 1996; as to the land of this case, the defendant Republic of Korea held on October 9, 1996; and as to the land of this case, "Peach

(C) On December 21, 1964, G was deceased on December 16, 1953, before G died on August 20, 1953, and G was deceased on August 20, 1953 and died on June 20, 1959, after G died on August 20, 1953, G was deceased on March 23, 2003, and the Plaintiffs succeeded to the same as one-half share. [In the absence of dispute over the grounds for recognition, evidence Nos. 1 through 6-9, evidence Nos. 1 through 6-1, 9-1, 2-2, each of the items of evidence No. 1-2, and the purport of the whole pleadings.

2. Upon considering the circumstances of this case’s land, C is the same as G, the plaintiffs’ prior owner, and if it is found that there is a separate person in charge of the assessment of the land under the circumstances of this case, the presumption of registration of preservation of ownership is broken. Therefore, each registration of preservation of ownership in the name of the Defendants on the land of this case’s circumstance should be cancelled as

3. Determination

A. A person, who is assessed as a landowner in a land survey project conducted under the relevant legal doctrine under the Land Survey Decree, is an original or creative acquisition of the ownership of the land in question, and the circumstance is that.

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