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1. The defendant, on August 6, 1996, filed with the plaintiff with respect to the 598 square meters of land B in Seocheon-si, Gyeonggi-do.
Reasons
1. Basic facts
A. According to the land survey division prepared by the land survey project during the Japanese occupation occupation period, Wancheon-gun C Forest land of 181 square meters (hereinafter “instant assessment land”), three years (1914) for the land survey division (hereinafter “the land”).
3.15. It is written that E residing in Macheon-gun was under circumstances.
B. On March 31, 1965, the assessment land of this case was cadastrally restored to 598 square meters of B forest land (hereinafter “instant land”) and registration of ownership preservation (hereinafter “registration of ownership preservation”) was completed on August 6, 1996 by the Jung-gu District Court Seocheon District Court’s receipt No. 22063 on August 6, 1996.
C. On February 6, 1942, G, who was the Plaintiff’s fleet, died and succeeded to the property of the Republic of Korea, G, married with H on March 11, 1923, and her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her she was born on
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. In full view of the following circumstances acknowledged by the evidence revealed prior to the determination as to the cause of the claim, namely, E and the Plaintiff’s prior to the assessment of the instant assessment land, the name of E and the Plaintiff’s prior to the assessment of the instant assessment land, and the Chinese characters are the same, and the Plaintiff’s prior domicile of the F was “Macheon-gun K”, and there are no materials to deem that E and Dong names were residing in the Sincheon-gun D Ri at the time of the assessment of the instant assessment land, the E and the Plaintiff’s prior to the assessment of the instant assessment land are the same.
On the other hand, inasmuch as there is no counter-proof such as the change of the content of the land by the adjudication, the person registered as the owner in the Land Survey Division or the Forest Survey Division is presumed to be the owner of the land and the circumstance is determined. Accordingly, according to the above recognition, F, the Plaintiff’s prior owner registered in the Land Survey Division, is presumed to have been determined.