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(영문) 춘천지방법원원주지원 2019.08.20 2019가단50719

소유권확인

Text

1. It is confirmed that the previous 251 square meters is owned by the Plaintiff in the city of Kuju.

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

Reasons

1. Facts of recognition;

A. The previous B 251 square meters (hereinafter “instant land”) is unregistered in the state of land registration, and the ownership transfer registration is completed on January 25, 1938 to E having a domicile in the Gu’s land cadastre as of January 25, 1938, and the F having the same domicile on the same day is again recorded.

B. The Plaintiff’s father is H with his permanent domicile in the original city G, and H’s father is the I, and the Plaintiff became the final inheritor of H through the agreement on the division of inherited property.

C. On 1953, the Plaintiff cultivated and managed the instant land from the time of marriage with the J, the south of H, and paid the property tax on the instant land after the death of H.

On the other hand, the Plaintiff is the owner who completed the registration of K 433 square meters as the Act on Special Measures for the Registration of Real Estate with respect to the land of this case, and the said land is also the same time as the land of this case, and the registration of transfer of ownership has been completed from E to F, and the Plaintiff has been continuously cultivated along with the land of this case.

E. Although the Plaintiff filed an application for registration of preservation of ownership with the Defendant’s registry official by asserting that he is the final heir of H as the owner of the instant land, the Plaintiff did not accept the application for registration of preservation of ownership on the ground that the F and the Plaintiff’s R were the same person on the old land cadastre and

[Reasons for Recognition] The entry of Gap evidence Nos. 1 through 14, Eul's testimony, fact-finding results on the Mon Office of this Court, the purport of the whole pleadings

2. Determination

A. As to the instant lawsuit seeking confirmation of ownership of the instant land against the Defendant by asserting that the Plaintiff is the final heir of F, who is the owner of the instant land, and that the Plaintiff is the final heir of F, the instant land owner, the Defendant did not assert the ownership of the instant land, and the instant lawsuit is not a F. As such, the instant lawsuit is confirmed.