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(영문) 서울중앙지방법원 2018.12.12 2017가단5205939
소유권말소등기
Text

1. The defendant on March 19, 1962, with respect to the plaintiff with respect to the area of 4,350 square meters prior to Seocheon-si B.

Reasons

1. Basic facts

A. The land research division in the Wancheon-gun Cri District, which was prepared during the Japanese occupation point period, is registered as E (E; hereinafter referred to as “E”) where the land research division in the Wancheon-gun D previously 2,123 (hereinafter referred to as “instant land before division”) or E (hereinafter referred to as “E before division”).

B. On December 29, 1961, the instant assessment land was divided into 2,668 square meters and B 4,350 square meters prior to F on December 29, 196 (hereinafter “instant land”), and thereafter, it remains thereafter through the change of administrative district.

C. The registration of ownership preservation on the instant land was completed in the name of the Defendant, as indicated in the text.

G A deceased on February 15, 1953, M solely inherited by a large number of children H, and H (Death on February 20, 1985) married with I (Death on March 20, 1974) and maintained J, K, and L under the chain.

Since then, J has been married to M and maintained the plaintiff A, N,O, P, Q, and R under the chain.

[Reasons for Recognition] Facts without a partial dispute, each entry in Gap evidence 1 to 3 (including provisional number), and the purport of the whole pleadings

2. Determination as to the cause of action

A. A person registered in the Land Survey Book as a landowner shall be presumed to have been assessed as a landowner and the circumstance thereof shall be presumed to have been determined unless there is any counter-proof such as the change in the content of the situation by the adjudication. Since a person under the circumstance acquires the relevant land at the original condition, he/she becomes the land owner or his/her heir, the presumption of ownership preservation on the land shall be reversed if it is proved that there is a separate person from the person under the circumstances of the land, and so, the registration shall be deemed to be null and void

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

The following facts or circumstances revealed by the record of No. 3 and the fact-finding with respect to SMyeon Head in Macheon-si, i.e., ① the Plaintiff’s prior G and the name of the situation are the same to the Chinese one, and ② the Plaintiffs’ prior G descendants.

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