소유권확인
1. The Defendant, on March 6, 2014, filed with the Plaintiff with the Government District Court regarding the land size of 1606 square meters in Gyeonggi-gun B forest land.
1. The fact of recognition and the succession relationship;
A. Under certain circumstances, the land of this case was considered to be owned by E with a domicile in Gyeonggi-gun, Gyeonggi-gun, B, 1606 square meters (hereinafter “B”) and C/C forest land of 3203 square meters (hereinafter “C land”), and each of the said lands was considered to be owned by E with a domicile in Gyeonggi-gun, Gyeonggi-gun.
B. On February 20, 1943, the Plaintiff’s Cho Dong-jin was born from G in the Gyeonggi-gun group, and married with H, and H died at the same domicile on the same day.
The deceased on May 6, 1965, and I succeeded to their property.
On June 8, 1969, the Seoul Family Court confirmed the absence declaration in accordance with the Act on Special Measures for the Declaration of Absence, etc.
In accordance with the provisions of Article 4 of the above Act, I is deemed to have been declared missing and the plaintiff and the J jointly inherited the I's property.
C. As to the land B, the registration of initial ownership in each of the Defendant’s names (hereinafter collectively referred to as “each of the instant preservation registrations”) was completed on November 19, 2010 under the receipt of No. 17483, Mar. 6, 2014, and No. 17660, Mar. 6, 2014.
[Reasons for Recognition] The facts without dispute, Gap 1-3 evidence (if there is a serial number, the indication omitted), the purport of the whole pleadings
2. According to the allegations and facts established on the basis of judgment, it can be recognized that the Plaintiff’s Chonbf and E, a title holder of the circumstances of each of the instant lands, are the same persons. Therefore, one of the final co-inheritorss as to the E’s property, the ownership of each of the instant lands was acquired entirely by circumstances, is presumed to be one of the co-owners of each of the instant lands.
Therefore, unless there is any assertion as to the fact that the Defendant acquired ownership of each of the lands of this case, each of the registrations of this case completed in the name of the Defendant without any ground. Thus, the Defendant is an act of preserving common property and the Plaintiff, one of co-owners seeking the cancellation thereof, shall each of the registrations of this case.