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(영문) 서울중앙지방법원 2016.08.11 2016가단5028562
소유권말소등기
Text

1. The defendant is the defendant on July 24, 1995 with respect to the Suwon District Court 2,083 square meters of forest B in Gyeyang-gun in Gyeonggi-do to the plaintiff.

Reasons

1. Facts of recognition;

A. In relation to the ownership of the forest as stated in the text of the official document (hereinafter “the forest as of this case”), the entries in the relevant official document are as follows:

The owner of official documents and the owner's non-owner's non-public document and the owner's ownership preservation registration on July 24, 1995 in the text of "the State" (hereinafter referred to as the "registration of this case") written on July 24, 1995, computerized for the registration of conversion into the size of 2,083 square meters in the area in the column in the forest cadastral book prepared on June 1, 1978 (D) the Gu Forest Survey Book for C Address in Yang-gun-gun, Yangyang-gun, Gyeonggi-do (hereinafter referred to as "the registration of this case").

B. The Plaintiff’s status 1) The Plaintiff: (a) died on January 10, 1959, and C succeeded to C’s property with Australia’s inheritance (the death on July 1, 1919, in case of South Korea G), and the F died on September 24, 1986 and succeeded to F’s property with other inheritors.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 6, 7 (including various numbers), the purport of the whole pleadings

2. Determination:

(a) A person registered as an owner of the forest land in the forest survey report shall be presumed to have become final and conclusive in view of the circumstances, unless there is any counter-proof such as the change in the contents of the situation by an adjudication, and the presumed ownership preservation record shall be secured if it is found that a person other than the title holder of the forest survey report has received the assessment of the relevant land;

(see, e.g., Supreme Court Decisions 99Da35911, Oct. 22, 199; 2013Du3658, Jul. 9, 2015). Therefore, barring any special circumstance, such as where a person responsible for circumstance after an assessment was found to have disposed of the land to another person, the person responsible for the assessment of ownership becomes the owner of the land or his/her heir, and the person responsible for the registration of ownership preservation, the presumed capacity of which has been destroyed, is specific.

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