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(영문) 춘천지방법원원주지원 2020.02.26 2018가단308657

소유권확인

Text

1. The plaintiff's action against the defendant is dismissed.

2. The plaintiff's claims against the defendant B and C are all filed.

Reasons

1. Facts of recognition;

A. The land of this case is the unregistered land in the Hanju-si D 403 square meters (hereinafter “instant land”). The former land cadastre (E and no address are recorded) was assessed on May 31, 1915, and the F (F and address G) on October 26, 1949 is written as the ownership was transferred.

B. On April 10, 1963, a copy of F’s removal from the original domicile was cancelled the F’s family register whose permanent domicile is the original domicile of G on April 10, 1963.

‘The purpose of ‘' is written.

F was born of H, and was born of E on September 1, 1949 by the death of the former Australia E, and died on December 15, 1953.

C. F’s children include I (I), J (K, L), M (M, N),O (O, P, Q, and R). The I died around May 24, 2016.

S(S, T&S's spouse) died on or around February 21, 2018, and Defendant B and C are children of I and S.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, 7, 8 (including each number), the purport of the whole pleadings

2. Determination as to claims against Defendant B and C

A. U, the gist of the Plaintiff’s assertion, was to evacuate to a village near the instant land at the time of the Korean War at the time of the Korean War, and continued to reside in that place even after the termination of war, and the land adjacent to the instant land by the end of the 1970s, as well as the land adjacent to the instant land, which was donated the instant land to the Plaintiff around 1979.

From around that time, the Plaintiff cultivated a shoulder, maize, bean, etc. in the instant land for about 40 years up to that day, and occupied and managed the instant land as its owner’s intention. As such, the prescriptive acquisition on January 1, 199 was completed.

Therefore, Defendant B and C, who succeeded to the instant land from E and F to whom the ownership of the instant land was transferred, due to the completion of the acquisition by prescription, shall be the Plaintiff.