(영문) 서울중앙지방법원 2016.04.21 2015가단60069

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(영문) 서울중앙지방법원 2016.04.21 2015가단60069

보존등기말소

Text

1. The defendant shall be the plaintiff.

(a) In respect of the real estate listed in the attached list of real estate, Suwon District Court shall be the branch office of the Suwon District Court.

Reasons

1. Facts of recognition;

(a) The forest survey report in “Ycheon-gun B” is written with F residing in the same administrative district as C previously 2,200 square meters (7272 square meters), D previously 1,000 square meters, and E previously 600 square meters.

B. The forest land cadastre and land cadastre for each real estate listed in the separate list of real estate were restored in 1967 to 1968, and the “F”, each of the circumstances, is written as the owner.

(c) Although there is no closed register or land and forest register that can confirm each process of subdivision, real estate listed in the list 1, 2, and 3 real estate listed in the annexed real estate list is divided into E-gun C and D, and real estate listed in the annexed real estate list is land subject to registration conversion after divided into E.

On March 15, 1935, the legal domicile of F, the father, was G in Ycheon-gun, Gyeonggi-do, and H, the head of which was deceased on March 15, 1935, succeeded to Australia.

H Deceased on June 10, 1978, and the Plaintiff was a child of H and one of its inheritors.

[Ground of recognition] Unsatisfy, entry of Gap 1 through 6, 9 (including provisional number), the purport of the whole pleadings

2. Determination

A. Unless there is any counter-proof that the substance of the land survey register under the former Land Survey Decree is changed by the adjudication, the land owner shall be deemed to be the land owner, and the circumstances thereof shall be presumed to have become final and conclusive. Therefore, if the person who was registered in the land survey register as a person under the circumstances in respect of a certain land died and his/her heir remains, barring any circumstances to deem that his/her ownership was transferred to a third party after the fact of the land, the successor of the property by the person under the circumstance shall be deemed to be the owner of the land (see Supreme Court Decision 2000Da66522, Mar. 23, 2001). In cases where the person under the circumstance and another person are the owner of the ownership preservation register, the fact of succession shall be asserted and proved to have been succeeded to the previous

(b).

참조판례

-대법원 2001. 3. 23. 선고 2000다66522 판결

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