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(영문) 대전지방법원 2015.01.22 2013가단29155

소유권확인 등

Text

1. Defendant C, D, E, F, G, H, I, J, K, K, M, M, N, N,O, P, with respect to the forest land B 15,174 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun.

Reasons

1. Facts of recognition;

A. The deceased CS (Death and inheritance relations are as listed in attached Table 1), network CT (Death and inheritance relations are as listed in attached Table 2), network CU (Death and inheritance relations are as listed in attached Table 3), network CV (Death and inheritance relations are as listed in attached Table 4), network CW (Death and inheritance relations are as listed in attached Table 5), network CX (Death and inheritance relations are as listed in attached Table 6), network CY (Death and inheritance relations are as listed in attached Table 6), network CY (Death and inheritance relations are as listed in attached Table 7), and network CY (Death and inheritance relations are as listed in attached Table 7) are members of the Plaintiff (hereinafter referred to as “Plaintiff clan”).

B. The forest land B 15,174 square meters (hereinafter “instant land”) owned by the Plaintiff’s clan is a religious land owned by the said clan, and was under title trust to each of the said clan members on January 15, 1920, and was in the name of each of the said religious members.

C. Since before being assessed in the name of the above members of the clan, the plaintiff clan has occupied and used the land of this case by installing, protecting, and managing the graves on the land of this case.

[Ground of recognition] Defendants 1, 6, 16, 22, 28, 35, 51, 58, 59, 62, 63, 65, 66, 68, 72, 80, 84, and 94: The absence of dispute; Gap evidence Nos. 1, 2-5, 3, and 4; Gap evidence No. 2-5, 3, and 4; the remaining Defendants: Article 150(3) of the Civil Procedure Act

2. According to the above facts finding as to the claims against the remaining Defendants other than the Defendant Republic of Korea, Defendant C, D, E, and F, the heir of the network CS, as to each of the corresponding inheritance shares listed in the column of the attached Table 1 among the land of this case, Defendant G, H, I, J, K, K, L, M, N, P, P, Q, Q, R, C, U,V, W, and X, the heir of the network CT, as to each of the corresponding inheritance shares listed in the column of the attached Table 2 among the land of this case, Defendant Y, Z, AA, AB, AB, AD, AD, AE, AE, AF, and AG, as to each of the corresponding inheritance shares listed in the column of the attached Table 3 among the land of this case, the heir of the network C, the Defendant AH, AI, AJ, AM, AM, AM, AM, AM, AV, AM, AM, AV, AM, AV, AV, AE, and P, and AG, respectively.