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(영문) 대구지방법원 2017.04.05 2016나313920

소유권확인

Text

1. Revocation of the first instance judgment.

The defendant is a 1/5 share ownership of C, D, E, F, and G, respectively.

Reasons

1. Facts of recognition;

A. According to the land investigation division concerning the Odong-gun, Sinsi, Gun, bona fide, which is prepared by the ship owner and the provisional land investigation authority, H residing in the Gu-U.S. Pland (hereinafter “the land of this case”) is indicated as being under the circumstances of H residing in the Gu-U.S. Pland (hereinafter “the land of this case”) in the Gu-U.S. P land of this case (hereinafter “the land of this case”).

B. The official cadastral record of the instant land was rejected on the date, and on March 31, 1952, the old land cadastre restored on March 31, 1952, indicated that the owner of the instant land was J (in the case of using J, hereinafter the H and J, in Chinese).

C. The instant land is currently unregistered, and the owner’s column for land cadastre is written as “H” in Korean.

The J died on January 25, 1951, and on January 25, 1951, K has solely succeeded to its property.

K died on January 9, 1998, and the heir is C, D, E, F, and G (hereinafter referred to as “C, etc.”) and the inheritance share is 1/5 each.

E. On the ground of the instant land, there are 40.44 square meters of a single-story house (hereinafter “instant building”) unregistered buildings, and on the building ledger, the network L (hereinafter “the network”) is registered as the owner.

F. On August 2, 2014, the Deceased died, and as the inheritor of the Deceased, M and N, the wife, had M and N, and on September 8, 2015, the Plaintiff, M and N agreed on the division of inherited property to solely inherit the instant building and land.

G. Meanwhile, in the first instance court of this case, the Plaintiff and C et al. rendered a ruling of recommending reconciliation on October 26, 2016 to the effect that “C et al. shall implement the procedure for ownership transfer registration based on the completion of the prescriptive acquisition on July 1, 1985 with respect to each of the instant land on the Plaintiff.”

[Reasons for Recognition] Evidence Nos. 1 through 6, Eul Evidence Nos. 1 through 3 (including branch numbers), the purport of the whole pleadings

2. The defendant's judgment on the main defense of this case is as follows.