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(영문) 서울중앙지방법원 2015.04.29 2014가단5291861
소유권이전등기
Text

1. The defendant is on the ground that the plaintiffs were entitled to recover the real name of each of 1/2 shares with respect to the Dong Government-si C Cemetery 251 square meters.

Reasons

1. In full view of the purport of the entire pleadings, the following facts can be acknowledged in each entry of evidence Nos. 1 to 29 (including paper numbers) of the basic facts.

According to the Land Survey Book, F (F) with a domicile in E as to the 76th mar of the Gyeonggi-gun group D cemetery, was indicated as being under the assessment, and the above cemetery became 251m2 (the land of this case in the following cases) with the change of the administrative district name, etc.

B. Around 2014, the Plaintiffs inherited each of the shares of the instant land through the inheritance consultation and division of property inheritance with F’s successors.

C. Meanwhile, the Defendant completed the registration of initial ownership on the instant land as No. 58643, Dec. 17, 1994.

2. As long as there is no counter-proof that the circumstances have been changed by an adjudication, etc., any person registered as the owner in the Forest Survey Division and the Land Survey Division concerning the cause of the claim shall be presumed to be the owner of the land, and such circumstances shall be presumed to have been determined. The presumption of registration of preservation of ownership shall be broken if it is found that a person other than the title holder

(See Supreme Court Decision 95Da4654, 46661 delivered on May 23, 1997, etc.). According to the above basic facts, F (F), which is the real titleholder of the land of this case, is identical to F (F) who is the real titleholder of the circumstances of the land of this case, and the land of this case is a land under the circumstances of F (F) who is the real titleholder of the Plaintiff, and the presumption of registration of preservation of ownership in the Defendant’s name, which was completed with respect to the land of this case, is broken.

Ultimately, since the land of this case is considered as the ownership of the plaintiffs who inherited F's property, registration of preservation of ownership in the name of the defendant with respect to the land of this case is a registration of invalidation of cause completed without any title.

3. Accordingly, the defendant is obligated to implement the registration procedure for transfer of ownership on the land of this case to the plaintiffs for the restoration of real name by 1/2 shares each.

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