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(영문) 대전지방법원 2015.10.28 2015가단13963

토지소유권확인

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The land category was changed simultaneously with the division on December 5, 1963 at 544 square meters in C river and 136 square meters in D bank, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, (hereinafter “instant land before subdivision”).

On September 16, 2010, the river of 544 square meters (the name of the administrative district was changed to Sejong Special Self-Governing City E on July 1, 2012) was divided into C river of 952 square meters, F river of 846 square meters, and the aforementioned D bank of 136 square meters (450 square meters) into D bank of 192 square meters and G bank of 258 square meters (hereinafter “each land of this case”).

B. On February 10, 1965, the registration of ownership preservation was completed in H with respect to the instant land before subdivision.

C. On December 7, 1993, H died of the Plaintiff’s fleet, and his heir died on November 25, 2005, I (I died on November 25, 2005, and his heir was his spouse J, K, L, M, Plaintiff, N),O, P, and Q.

On January 19, 2012, between the deceased H’s heir and the deceased I’s heir, one of the instant real estate was owned by the Plaintiff solely. D.

Although the Plaintiff filed an application for the registration of change of the indication of a registered titleholder, the registration officer dismissed the application, and the Plaintiff filed an objection ( Daejeon District Court Decision 2014Nu13), the said court dismissed the said application on July 1, 2014, on the ground that it is not clear whether H and the deceased’s decedent H are the same person.

【Ground of recognition】 The fact that there is no dispute, Gap's 1, 2, 4, 5, 6, 7, and 10, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff 1’s assertion is the same person as H and the Plaintiff’s assistance network H recorded in the copy of the register of each land of this case, and the legal domicile of the Plaintiff’s assistance network H and the registered titleholder H’s registration address are different.

After consultation on the division of inherited property, the Plaintiff applied for inheritance registration and for registration on the change of the indication of the registration titleholder, but all of them were dismissed, and the inheritance registration is also dismissed.