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(영문) 의정부지방법원 2016.07.15 2016가단101839

소유권확인

Text

1. The real estate listed in the separate sheet Nos. 1 to 8 has one-fourth share ownership for each of the plaintiffs.

Reasons

1. Basic facts

A. Each real estate listed in the attached list shall be indicated as the F having an address in Gyeonggi-gun E in all real estate in the land research division prepared by the Joseon Dynasty General Co., Ltd. in the Japanese colonial era.

B. The real estate listed in the separate sheet Nos. 1 to 8 was restored on or around December 31, 1980. The land cadastre of each of the above land is the official column, and each of the above land is currently unregistered.

C. The Defendant completed the registration of ownership preservation on November 24, 1997, No. 16169, which was received on November 24, 1997, following the procedure for the public announcement of unregistered real estate in the attached list No. 9.

On the other hand, G, the Plaintiff’s fleet, died on April 29, 1939 and succeeded to the family head and property of the Republic of Korea, as a result of the death on October 10, 1945, and thereafter, I, the only East Family and property of the deceased on October 15, 1945, succeeded to I’s property retroactively to I’s property on December 19, 1978, after I died on June 15, 1946. < Amended by Act No. 3097, Jun. 15, 1946>

E. Since then, the above J died on October 11, 2006, and the plaintiffs inherited the properties of J in proportion to 1/4 shares of each of them.

【Legal basis for recognition】 Each entry of evidence Nos. 1, 2, 5, 6, and 1, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiffs asserted that the "F" in the separate sheet is the same person as the plaintiff's fleet G, and that each of the above lands is owned by the plaintiffs. The defendant asserts that the "F" in which each of the above lands was assessed is a person different from G as the plaintiff's fleet G.

B. (1) Therefore, the following circumstances, i.e., the following: (a) whether the “F” that received the assessment of each of the above lands is the same person as G, the plaintiffs’ preference; and (b) whether the entire purport of the arguments was considered based on the aforementioned evidence.