beta
(영문) 의정부지방법원 고양지원 2017.01.26 2016가단77250

소유권확인

Text

1. It is confirmed that each real estate listed in the separate sheet is owned by 1/2 of the plaintiffs.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Facts of recognition;

A. The land investigation division for the head-Gun Cri (current Priju), which was prepared under the Joseon Land Investigation Order during the Japanese Occupation Period, stated that each land listed in the separate sheet (hereinafter “instant land”) was under D’s circumstance, and the address column for D of the land investigation division is public column.

B. Official cadastral records concerning the instant land are as follows.

6.25.An incident has been destroyed. The land in this case is currently unregistered, and the land to be restored to its owner shall be indicated in the land to be restored.

C. Around November 6, 1987, the Plaintiff’s fleet D died on the date of the death, and due to the death of the Plaintiff, E was considered as having died on November 6, 1987 by the Seoul Family Court, and jointly succeeded by F, Plaintiff A, G, and H, who are children.

On the other hand, upon the death of F on May 20, 2004, the Plaintiff B, J, K, L, and M were jointly inherited by wife I and their children, and G died on September 12, 2012 and N solely inherited by son.

On April 2016, Plaintiffs A, H, I, I, J, K, L, M, and N, who succeeded to D in succession, agreed that the instant land is inherited by inheritance of the Plaintiff and Plaintiff B in proportion to 1/2 shares, and the remaining inheritors entered into an agreement on the division of inherited property with the content that the instant land is inherited by D.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Determination

A. In full view of the facts of recognition and the evidence employed earlier and the purport of the entire arguments, the following circumstances, namely, that is, D, the assessment titleholder of the instant land, and D, the names of the Plaintiffs’ preferenceed, are the same as Chinese characters; the Plaintiff, F, G, and H, who were born between 1939 and 1945, were born at the time of birth in the “O of the Gyeonggi-do heading-gun group.”