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(영문) 울산지방법원 2017.07.20 2017나20401

확인의 소

Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. The costs of the lawsuit are assessed against the Plaintiffs.

Reasons

1. Basic facts

A. As to the land of this case, registration of preservation of ownership has been completed in F with the domicile in E on June 23, 1965. The land of this case also includes the same contents in the land cadastre, but only the name and address of the owner F is written, and the resident registration number is not written.

B. The Plaintiffs, as children of the deceased G (hereinafter “the deceased”) who died on January 31, 2014, succeeded to the deceased. The Plaintiffs, Q, and R inherited the deceased.

On July 31, 2016, the above inheritors agreed on the division of inherited property that the plaintiffs would inherit the land of this case one-half shares.

[Reasons for Recognition] Unsatisfy, entry of Gap's No. 1 (including virtual number), 9, 10 (including virtual number), the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff's assertion 1) The plaintiff's assertion 1) F and the plaintiff's side G with the domicile in the "E" written in the copy of the register and the land cadastre of the plaintiff's land of this case is the same person. However, since F's date of birth or resident registration number is not written in the copy of the register of the land of this case and the above F's name and address alone are difficult to specify who is the owner of the land of this case, the plaintiff is entitled to seek confirmation of ownership against the defendant as to the land of this case.

B. In full view of the following circumstances that can be acknowledged by comprehensively taking into account the respective descriptions of Gap evidence Nos. 3, 4, and 5, and evidence Nos. 7-17, F and the deceased, who have an address in the “E” recorded as the owner in the copy of the register and land cadastre of the instant land, appear to be the same person.