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(영문) 서울중앙지방법원 2018.10.24 2018가단5149012

소유권확인

Text

1. The Defendant confirms that the area of 15,759 square meters prior to Gyeonggi-do G is owned by the Plaintiffs.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Facts of recognition;

A. The land research division drafted during the Japanese colonial era is registered as the ownership of I in the same Ri “Yecheon-gun H, Gyeonggi-do, H,767 square meters.”

B. The fact that the said land was converted into a unit of area changed to an administrative district was changed to 15,759 square meters (the administrative district was changed from J-Myeon to K-Myeon; hereinafter “instant land”), which is currently unregistered.

C. ① On July 25, 1950, M, the permanent domicile of “Kcheon-gun L,” died on the part of the Plaintiff on July 25, 1950 and succeeded to his own property solely at the same time as the Australian inheritance. ② N, on February 15, 1969, died and succeeded to the property by Q, the head of Q, who is a son and female, and ③ Q, died on February 5, 197, and succeeded to the property by the OP, its form of punishment. ④ CO died on January 3, 1987, and succeeded to the property by the Plaintiff’s wife L (R, the death of October 20, 1992), who was his wife’s child, died on May 28, 1997, and the Plaintiff’s children, who was his child, succeeded to the Plaintiff’s shares by inheritance as the inheritance shares of the Plaintiffs.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 17 (including the provisional number), the purport of the whole pleadings

2. Where a person who is listed on the land survey division, the land survey division, or the forest survey division is listed on the land, he/she shall be presumed to have received the assessment as the owner of the land in the absence of any reflective evidence such as any change in the contents of the assessment by the adjudication, and the person who has received the assessment

(See Supreme Court Decision 98Da13686 delivered on September 8, 1998, etc.). According to the above facts, the land of this case was originally acquired under the circumstances of the I as the title holder of the land investigation division. The name of I and M as the title holder of the situation is equal to I and the plaintiffs' prior M as the title holder of the situation. Since the legal domicile of the plaintiffs' prior M is "Ycheon-gun L, Gyeonggi-do," the domicile of I, the title holder of the land investigation.