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(영문) 서울중앙지방법원 2015.06.09 2014가단5235496
소유권이전등기
Text

1. The defendant is based on the restoration of the real name of each real estate listed in the attached list 2 to the plaintiff.

Reasons

1. Basic facts

A. According to the Land Survey Book, each real estate listed in the separate sheet No. 1 (hereinafter “instant assessment land”) is indicated as being inspected by C with the address in Gyeonggi-gun B.

B. The instant assessment land had undergone the procedure of subdivision, merger, land category change, administrative district change, and area-unit conversion, etc. thereafter, each of the real estate listed in the attached Table 2 (hereinafter “instant real estate”) is part of that procedure.

C. Around December 17, 1946, the Plaintiff’s fleet C, who had resided with his permanent domicile in Gyeonggi-gun D, was deceased on December 17, 1946 and succeeded to by his wife E, and on August 2, 1949, E inherited by his wife F, who was a woman, due to her marriage with G and the entry into the G’s family register on June 3, 1959, He succeeded to the status of his female He. On March 30, 1997, H died and jointly succeeded to the property of the Plaintiff, J, K, K, and L, who is the husband and children, and I jointly succeeded to the property of his wife on September 29, 2012.

On the other hand, around July 30, 2014, the Plaintiff, J, K, and L agreed on the division of inherited property of the instant real estate as the sole ownership of the Plaintiff.

On the other hand, the defendant completed registration of preservation of ownership of the real estate of this case from 1995 to 2001.

[Ground of recognition] Facts without dispute, Gap's entries in Gap's 2, 3, 5, 7 through 13, 15, 16, 17, 22, 23, 27, 31, 32, and the purport of the whole pleadings

2. Determination

A. In the absence of counter-proofs such as changes in the content of the situation by the adjudication, the person registered as the owner in the Forest Survey Division and the Land Survey Division for the cause of the claim shall be presumed to be the owner of the land, and the circumstance shall be presumed to have been determined. The presumption of preservation of ownership shall be broken if it is found that a person other than the holder of the relevant preservation registration

(see, e.g., Supreme Court Decision 95Da46654, 46661, May 23, 1997). According to the above basic facts, C and C, the plaintiffs, who are the owners, are the prior owners of the Land Survey Board.

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