(영문) 서울중앙지방법원 2014.05.20 2013가단6016

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(영문) 서울중앙지방법원 2014.05.20 2013가단6016

소유권보존등기말소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. According to the Land Survey Book, the land of Gwangju City C (hereinafter in this case, referred to as the “assessment land”) is indicated as being evaluated as E by the residents of Gwangju City.

B. On April 14, 1995, the Defendant completed the registration of initial ownership on the F-si Seoul Special Metropolitan City F-si F-258С (hereinafter “instant land”) under the 14449 on the same day, filing date of the Sung-nam Branch Branch of Suwon Special Metropolitan City.

C. E died in 1931 and G succeeded to family head and property, and G died on January 1, 1970 and succeeded to G’s property.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 7, purport of whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff’s assertion that the land of this case was transferred to the Plaintiff’s prior owner E, and the Plaintiff et al. jointly succeeded to the land on which the land of this case was registered, and the registration of preservation of ownership in the Defendant’s name was made with respect to the land of this case. As such, the registration of preservation of ownership in the Defendant’s name should be cancelled

B. As long as there is no counter-proof such as the change of the content of the situation by the adjudication, a person registered as the owner in the land investigation register shall be presumed to have been determined by the circumstance, and the land shall be acquired in the original condition, and the presumption of registration of preservation of ownership shall be broken if a person other than the title holder of the preservation registration is found to have received the situation of the relevant land. However, in order to seek cancellation of registration of preservation of ownership in another person’s name, which was completed as part of the exercise of the claim for exclusion of interference with the real right based on the ownership of real estate, the person must actively assert and prove that he/she has the right to claim cancellation, and if such title is not recognized, a claim may not be accepted even if the registration of invalidation, the registration of preservation of ownership

Therefore, it is true.

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