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(영문) 서울중앙지방법원 2016.04.12 2015가단5398431

소유권확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

가. 일제강점기 때 작성된 ‘부천군 오정면 대장리’의 토지조사부에 ‘부천군 오정면 대장리(현행 부천시 오정구 대장동) 179 임야 242평’(이하 ‘이 사건 토지’라고 한다)에 관하여 소유자의 씨명(氏名)란에 ‘대장리(大壯里)’가, 적요란에 ‘1909(명치 42년). 11. 29. 신고’가 기재되어 있다.

Although the land of this case is written as the owner in the old land cadastre, it is unregistered until now.

B. At the time of the Joseon Dynasty, the area of the Jeju Jeju Jeju Jeju Jeju Jeju Island was established in 1914 as the area of the Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Island was established in the Hacheon-gun, Hacheon-gun, and was abolished in 1973 and the area was turned into the Macheon-gun, Hacheon-gun, Macheon-gun, Kim Jongcheon-gun, and Kim Jong-gun was turned into the Mancheon-gun, which was incorporated in 1975 and was combined with the Mancheon-gun in 1975.

(A) Orun Dong, which is an administrative Dong, was incorporated into Jung-gu as a result of the implementation of the Gu's (Gu's) system, and the Jung-gu was divided into the original Gu and the Orun Gu's Gu in 193 as a result of a population increase due to the development of the new land in 1993.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1-5, 9 (including virtual number), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion is an association that is not a juristic person in the Dong-dong, Macheon-gu, Orcheon-si, and has existed for the purpose of friendship from the Japanese colonial point of view. The Plaintiff is a group of residents from the Japanese colonial point of view, and is currently incorporated into the 15 Tong-dong, Ocheon-dong, an administrative Dong, and is registered as the head of the household with resident registration in the Dong-dong household for at least ten years as of January 1,

The plaintiff and the same person are the same as the plaintiff who reported to the Land Survey Board as the owner of the instant land.

Therefore, since the land of this case is owned by the plaintiff, it is sought to confirm its ownership.

B. The Defendant’s claim for confirmation of ownership of land against the judgment state on the main safety defense that did not have any interest in confirmation is whatever.