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(영문) 서울중앙지방법원 2019.07.03 2018가단5235562
소유권말소등기
Text

1. The defendant shall receive on October 8, 1996 from the plaintiff the Government District Court Macheon District Court with respect to B forest land No. 1,365 square meters.

Reasons

1. Basic facts

A. According to the Land Survey Book drawn up during the Japanese Occupation Period, C is indicated as being under the assessment of the 413 square meters (the 1,365 square meters of B forest land in Ycheon-si as a result of a change of the land category, administrative district, area unit, etc.; hereinafter “instant land”).

B. The Defendant completed the registration of preservation of ownership (hereinafter “registration of preservation of ownership”) by the receipt No. 24682 of Oct. 8, 1996, following the public notice of non-real estate in respect of the instant land by the district government district court, Youngcheon Registry of the Republic of Korea (hereinafter “instant registration”).

C. On April 5, 1947, the F, whose main purpose is Sincheon-gun E, Gyeonggi-do, died, and G, the South-do head of family and the inheritance of property, and G died on November 27, 1966.

G was the wife I, J, and K, the wife H and children, but the I died on July 30, 1953, before G’s death. The heir was L, M, and the Plaintiff.

G’s wife died on July 15, 1979 and eventually, L, M, Plaintiff, J, and K jointly succeeded to G’s property.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 4 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the cause of the claim

A. A person registered in the Land Survey Book as a landowner is presumed to be a landowner unless there is any counter-proof such as that the content of the situation has been changed by the adjudication (see, e.g., Supreme Court Decision 98Da13686, Sept. 8, 1998). Therefore, if the land Survey Book was prepared and circumstances were to be taken place at least under the former Land Investigation Ordinance, he/she or his/her heir becomes the landowner, and even if the State treated it as a state-owned real estate and completed the registration as state-owned property through the procedures under the State Property Act and subordinate statutes, he/she does not belong to the State.

In addition, if it is found that a person other than the holder of the preservation registration has received the assessment of the relevant land, the registration titleholder shall wear it.

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