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(영문) 수원지방법원 2018.08.23 2016가단510170

소유권확인

Text

1. The Defendants fall under each of paragraph (8) of the attached Form No. 8 of the Inheritance Shares Calculation Table, among the land size of 893 square meters in T in the time of harmony.

Reasons

1. Basic facts

A. On September 9, 1915, the land survey division prepared in the Japanese occupation point period is indicated as being subject to the assessment by U on September 9, 1915, 270 square meters (after that, the name of the administrative district was changed and the area was converted into a unit; hereinafter “instant land”).

B. According to the old land ledger prepared before the enforcement of the Cadastral Act with respect to the land of this case, V names are written in the owner column, and the above old land ledger was restored at least before June 1, 1964.

C. The Republic of Korea completed registration of initial ownership on the instant land by the Suwon District Court, the Sungwon District Court, the Sungsung District Court, No. 46964, Apr. 11, 2005.

W and the Plaintiff, the father of the Plaintiff, continued to pay the aggregate land tax on the land of this case since 1995.

E. The Plaintiff filed a lawsuit, such as cancellation of registration of ownership transfer, against the Republic of Korea, the nominal owner on the registry at the time of subrogation of U or his heir, claiming that the Plaintiff acquired the right to claim registration of ownership transfer on the instant land due to the completion of the statute of limitations for possession. 2) The appellate court of the instant case (Seoul Central District Court 2007Na8449) rendered a judgment on November 15, 2007, stating that “the Republic of Korea shall implement the procedure for registration of cancellation of registration of registration of ownership preservation on the instant land to the Plaintiff,” and the said judgment became final and conclusive

F. The inheritance relation 1) U died on June 15, 1962 and succeeded to the Defendants as shown in the separate inheritance shares calculation table. The specific inheritance shares were as indicated in paragraph 8 of the above table. 2) W died on January 7, 1997, and W was jointly succeeded to the deceased’s property. W’s co-inheritors agreed on October 13, 2006 on the division of inherited property with the content that the land of this case was owned solely by the Plaintiff.

[Reasons for Recognition] Defendant B, C, D, and E: Unsured facts, and Party A1 to Party A.

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