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(영문) 서울중앙지방법원 2006. 08. 16. 선고 2006가합8066 판결
원인무효의 소유권보존등기에 기초한 압류등기의 말소 여부[국패]
Title

Whether the registration of seizure based on the registration of preservation of ownership is cancelled;

Summary

The presumption of registration of preservation of ownership is broken if a person other than the title holder of the registration for preservation is found to have received an assessment of the relevant land, so the registration of seizure based on the invalidation of cause is liable to implement the registration procedure for cancellation.

Text

1. The defendant Republic of Korea shall implement the registration procedure for cancellation of the registration of seizure completed on October 27, 200 by the receipt of No. 58155, Oct. 27, 200 with respect to each parcel of land listed in the separate sheet 4,9,10.

2. The litigation costs shall be borne by the defendant.

Reasons

1. Basic facts

(a) Circumstances of the land before subdivision;

According to the Land Survey Division prepared in the Japanese colonial era, it is written that ○○○○○, an address in ○○○○-gun, ○○○○○○-dong, 1,007, 283, 804, 203, 703, 763 of ○○○-gun, ○○○○-gun, ○○○○○-si, ○○○○○○-dong, ○○○○○, ○○-dong, ○○○○.

(b) Loss of registers, etc.;

On the other hand, due to the Korean War, all the registers and all the official cadastral records of the above land and the lands divided therefrom were destroyed.

(c) Land division and registration relationship;

(2) With respect to the ○○○○○○○○’s Lee Dong-ri’s 283 to 804 square meters, the registration of ownership preservation was completed on December 8, 1964 by Suwon District Court, Sung-nam Branch of Gwangju Branch of District Court, Sung-nam Branch of District Court. The above land was divided into 48 square meters on March 20, 191, 283-1 to 582 square meters, 283-2, 283-3, 283-3, and 174 square meters on May 25, 198 with respect to the above ○○○○○-ri 283-1 to 582 square meters, and the registration of ownership transfer income tax was completed on August 22, 1991 with respect to the 205 square meters of land received on April 20, 1995 to 203-238-27,2802.

(d) Inheritance relations; and

Around August 16, 1916, the Plaintiff’s line-based Park○○, a male-son and family heir, was killed on his/her own inheritance. However, on March 7, 1977, the said Park○○○ also died and then became his/her male head, and then the Plaintiff Park○, a male-son, was the co-inheritors, who was the Plaintiff Park○○, Park Jong-○, Park Jong-young, and Park Jong-○, a male-Nam, and his/her wife. On October 11, 2001, Park○-○ was deceased on his/her wife, and became the heir of the Plaintiff Park○○, his/her wife, and Park○-○, a child, and Park○-○. Each inheritance shares are 21/63, Plaintiff Park○-○, and Park○-○, respectively, and 14/63/63, 63/63, 60, 00, 63/63 of the said Act.

3 Judgment on the merits

A. Determination on the cause of the claim

(2) A person registered in the Land Survey Book shall be presumed to be the owner of the land unless there is any counter-proof such as the change in the situation by the adjudication, and the circumstance thereof shall be presumed to have been confirmed. The presumption of preservation of ownership shall be broken if it is found that a person other than the title holder of the preservation registration was found to have received the situation of the land in question (see, e.g., Supreme Court Decision 95Da4654, 4661, May 23, 1997). According to the above findings, 00Da147, 147, 07, 147, 007, 283, 804, 703, 703, 003, 203, the owner of the land was under the circumstances of ○○○○, who was the owner of the land in the separate sheet. Therefore, the presumption of registration of preservation of ownership in the title of the clan, 00, 000, and 763, respectively, shall be subject to the above registration of ownership registration.

4. Conclusion

Therefore, the part of the plaintiffs' claim for cancellation of the registration of collateral security among the lawsuits against the defendant National Bank of Korea, and the part of the claim for cancellation of the registration of change of a registered titleholder among the lawsuits against the defendant's Lee Jong-sung's U.S. and the lawsuits against Lee Jong-sung's U.S. M. M. M. P. M. P. P. P. P., each claim against Lee○○○, Lee○, Sung-○, Sungnam Cooperative, Korea, and early agricultural cooperatives is accepted for all reasons, and each claim against defendant Kim○, Kim○, Cho○, Kang-○, Kang, and Kim Il-sung, Korean National

List of National Taxes in Arrears

Net

Sub-Items :

Deadline for payment

This tax (won)

Additional dues (won)

Time of Reversion

Liability for Tax Payment

gender; and

1

Global Income Tax

July 31, 2005

108,801,370

12,061,050

202

December 31, 2002

2

Global Income Tax

July 31, 2005

42,072,540

6,310,870

203

.21.31

150,873,910

18,371,920

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