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(영문) 서울중앙지방법원 2020.11.25 2019가단5217820
소유권말소등기
Text

1. The defendant on January 4, 1996, with respect to the plaintiff with respect to 721 square meters in Gyeonggi-gun B Miscellaneous land.

Reasons

1. Facts of recognition;

A. On November 1, 1914, the land survey division prepared during the Japanese occupation point period, it is indicated that D’s 218 square meters prior to Gyeonggi-gun B was under the circumstance of Si/Gun/Gu.

B. The Defendant is deemed to be the instant land not exceeding 721m2,00 square meters in Gyeonggi-gun, Gyeonggi-do, B Miscellaneous land following the process of public announcement of unregistered real estate.

on January 4, 1996, the registration of preservation of ownership in the name of the defendant under section 1 of the order is "registration of preservation of ownership in the case".

(c) A. F, the legal domicile of Gyeonggi-gun E, was deceased on July 30, 1951, and deceased on July 30, 1951, and deceased on May 11, 2019, and the deceased G jointly succeeded to H, the Plaintiff, and I, J, and K as his spouse, and jointly succeeded to it. D. The Gyeonggi-gun, Gyeonggi-gun, and Dongcheon-gun, Inc. (C Si/Gun/Gu) was incorporated into Nri in combination with Lri (Lri) and Mri (M Si/Gun/Gu) according to the administrative closure in 1914, according to the administrative abolition in 1914. 【No dispute over the grounds for recognition” 【No evidence Nos. 1 through 7, E’s evidence Nos. 3, and the purport of the entire pleadings as a whole.

2. Determination as to the cause of action

A. Presumption of registration of preservation of ownership of a parcel of land is invalid, unless the person to whom the land was assessed is broken and the registered titleholder specifically asserts and prove the acquisition by succession, unless it is proved that there is another person to whom the land was assessed.

(See Supreme Court Decision 2002Da43417 Decided May 26, 2005, etc.). Moreover, barring any special circumstance, the land under a specific person’s name is presumed to be owned by the person under circumstances or his/her heir, barring any special circumstance, and whether the land owner is missing and thus, is alive or dead.

Even if it is proved that he dies and there is no inheritor, or as long as the procedures for reversion of the land to the State under Articles 1053 through 1058 of the Civil Act are not implemented, such land shall not be immediately owned by the State, and it shall not belong to the State, and as long as it is not an unregistered real estate, the procedures for disposal of unregistered real estate under Article 8 of the State Property Act

shall be owned by any State.

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