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(영문) 서울중앙지방법원 2017.02.08 2016가단5098981
소유권말소등기
Text

1. The defendant shall make the plaintiff a 70 square meters prior to B and the 95 square meters prior to C in Yangyang-si registry office of Jungyang-ju.

Reasons

1. Facts of recognition;

A. On October 1, 1913, the land survey division drafted during the Japanese occupation period is indicated as D’s 73 square meters for Yangju-gun E (hereinafter referred to as the “assessment land”) in the assessment of the situation.

B. On December 16, 1995, the Defendant completed the registration of initial ownership relating to B 70 square meters and C 95 square meters prior to the Namyang-si, Namyang-si.

C. The F died on August 3, 1937 and succeeded to the property under the former Civil Act by South-North Dong G, and after G death, children, including the Plaintiff, inherited the property.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 3, Gap evidence 4-1, 2, and the purport of the whole pleadings

2. Determination on the cause of the claim

(a) In the absence of any counter-proof such as a change in the contents of the situation by the adjudication, the person who is registered as the owner in the legal relations or the forest survey division of the land situation shall be presumed to have been determined as the owner of the land, and the person who is assessed on the land shall acquire the land at the discretion

(See Supreme Court Decision 98Da13686 delivered on September 8, 1998, etc.). The presumption power of registration of preservation of ownership on land is invalid, unless the person to whom the relevant land was assessed is broken and the registered titleholder fails to specifically assert or prove the fact of acquisition by succession.

(See Supreme Court Decision 2002Da43417 delivered on May 26, 2005, etc.). B.

The name of F and D, the name of the situation holder, the name of F and D, the name of the situation holder, the identity of the plaintiff, is the same, there is no book of D residing in H in Yang-gun around 1913 other than F, the plaintiff's prior owner of F, the address of F, the address of which was deceased at the permanent domicile of 1937, the address of F, the status of D, the status of which was H at the time of the situation, according to the regulations of the investigation of the Provisional Land Investigation Bureau of the Joseon General Government, although there is the same name in the same Dong, there is only the name of D, the land investigation division described only in the name of D, the evidence of No. 1,3,12, and the evidence of No. 12.

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