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(영문) 서울중앙지방법원 2017.08.10 2017가단34736

소유권확인

Text

1. It shall be confirmed that each real estate listed in the separate sheet is owned by the plaintiff;

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Facts of recognition;

A. On December 30, 1964, the land partition history (1) was divided into 3471 square meters of forest land and C 1269 square meters of forest land in Cheongju-si, Cheongju-si. On the same day, C forest land and 1269 square meters of forest land were converted into 1269 square meters prior to D.

(2) Meanwhile, on February 16, 1985, the area of 1269 square meters prior to the foregoing D was divided into ① 1091 square meters prior to E and ② F road 178 square meters (hereinafter collectively referred to as “each of the instant land”).

B. The ownership relationship on the registry or on the registry (1) is first registered with respect to B forest land No. 3471 square meters, in the forestry register prepared on November 12, 1978, after the amendment of the Cadastral Act, and in the forest register prepared on September 11, 1930, with respect to the ownership column, H’s ownership is transferred to “Ycheon-gun G” resident on September 11, 1930.

Meanwhile, according to the closed copy of the register on the above forest land, the registration of ownership preservation was made in the name of I on October 27, 1970. On May 27, 1983, the registration of ownership transfer was made in the name of J on May 27, 1983. Such matters are also stated in the above forest land register, and the date of birth of J, which is stated as the person who acquired ownership on May 27, 1983 in the ownership column of the forest land register, shall be K.

On June 15, 1985, the Plaintiff registered the transfer of ownership in the name of the Plaintiff on the ground of inheritance due to the division of agreement made on June 15, 1985.

(2) Next, with respect to the area of 1269 square meters prior to D prior to D, the land cadastre drafted on September 21, 1978, which was subsequent to the amendment of the Cadastral Act, is registered as transfer of ownership to H residing in J on September 11, 1930 in the ownership column.

On the other hand, each land of this case partitioned from the above land is currently unregistered.

C. The Plaintiff’s succession relation (1) L, a father of the Plaintiff, had his legal domicile as M&M, which is “Yancheon-do N, Jinbuk-do N, and O (O, K), P (P, Q students) and other children.

(2) On July 18, 1935, L died and his/her own inheritance of the property (the son R died on January 31, 1925), and the O died on June 15, 1985 and included the Plaintiff.

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