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(영문) 서울중앙지방법원 2016.01.26 2014가단40273

소유권확인

Text

1. The defendant shall pay to the plaintiff (appointed party), KRW 10,367,103, KRW 6,911,402, and each of the said money to the Appointed B, C, and D.

Reasons

1. Facts of recognition;

A. (1) The ownership relationship of the instant land was examined as follows: (a) Non-party E was in the following circumstances: the F.S. F. 860 square meters (hereinafter “the instant land 1”); G 756 square meters (hereinafter “the instant land 2”); and (b) H 5,597 square meters (hereinafter “the instant land 3”).

(2) The deceased on April 28, 1971, and the deceased I succeeded to Australia.

(3) At the time of the deceased E’s death, the heir had her wife J, South-North Do Council I, kn (ma), South L, 3 South M, n (ma), 3 women (ma), 3 women (mags), 4 women (mags).

(4) Thereafter, around December 1989, the deceased E entered into an agreement on the division of inherited property with the purport that the land owned by the network E, including the land in the No. 1, 2, and 3 of this case, shall be owned solely by the deceased I, the family heir (with the inherited property, the first land in this case, 1.5 square meters, 2.5 square meters, 143 square meters, 2.3 square meters, 137 square meters, 426 square meters, 5 square meters, 25 square meters, 487.5 square meters, 68 square meters, 101 square meters, 58 square meters, 200 square meters, 465 square meters, 3,597 square meters among the land in this case).

(5) Since then on February 24, 2002, the deceased deceased on and around February 24, 2002, and there was Plaintiff A and his wife’s son B, C, D, and Nonparty Y. However, around April 13, 2002, Y was adjudicated to accept a declaration of renunciation of inheritance, which renounced the deceased I’s inheritance.

B. The land size No. 1 of this case was divided into 760 square meters, AA 5 square meters, and the remaining land size was 95 square meters before 1939 (fire 14 years), and the land size was 760 square meters in the Z area was divided into Z, AB or U.

(B) On the other hand, the cadastral record on the land No. 1 of this case was destroyed by the disturbance of 625, and thereafter, the cadastral records were restored by 760 square meters in Z and 75 square meters in AA forest. However, the cadastral records were restored by 95 square meters in the remaining land after division (hereinafter “unclaimed land among the land No. 1 of this case”).