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(영문) 서울중앙지방법원 2014.02.20 2012가단298337
소유권보존등기말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The land survey division prepared during the Japanese occupation period is written in the land survey division that B was assessed against the Gyeonggiwon-gun 689 square meters (hereinafter “instant land before division”).

B. The land prior to the instant partition became a 165 square meters, F road, 912 square meters prior to G, and 1,200 square meters prior to Osan-si (hereinafter “D”) through the following procedures: (a) the land prior to the instant partition was 22,23,5, 24, 25, 26, 27, 28, 29, 29, and 22 square meters prior to the instant partition; and (b) the F road was a 912 square meters prior to the instant land, among the land listed in the attached Table through the process of annexation on April 14, 1998, connected each point of which is successively connected to each of the said items in the ship (hereinafter “instant land”).

C. On September 8, 1983, the Plaintiff et al. succeeded to the property upon the death of the Plaintiff’s fleet I, who lived with his permanent domicile in O, O.S.

On the other hand, the "JJ of Gyeonggi-do" became D in Osan-si following the procedure of change of administrative district, and the defendant completed registration of preservation of ownership on the land of this case on August 14, 1995.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including each number; hereinafter the same shall apply), appraiser K's appraisal result, the purport of the whole pleadings

2. The assertion and judgment

A. In the absence of counter-proof such as the change of the content of the situation by the adjudication, a person registered as a landowner in the land investigation register on the cause of the claim shall be presumed to be the owner of the land, and the circumstance shall be presumed to have become final and conclusive unless there is any counter-proof of the change in the content of the situation by the adjudication. In the event that it is revealed that there is a separate person in charge of the assessment of ownership preservation on the land, the presumption of ownership preservation on the land shall be shouldered and the registration shall

(see, e.g., Supreme Court Decision 2009Da94384, 94391, 94407, May 13, 201). The foregoing basic facts, the outcome of the inquiry and reply to the erroneous market of this court, and the purport of the entire pleadings, can be seen by the entire purport of the arguments.

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