beta
(영문) 수원지방법원 2018.07.18 2017가단546930

소유권확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 25, 1911, the network E shall be recorded as “G interest rate (number)” when indicating the land divided from the said land. < Amended by Presidential Decree No. 13588, Sep. 25, 1911; Presidential Decree No. 13568, Sep. 25, 1911>

(2) The assessment land prior to the instant partition was divided in sequence as indicated below.

On September 25, 1911, 1958, the instant forest with the land located prior to the instant subdivision: (a) an I 387 square meters of H 1286 square meters of land prior to C on December 30, 1958; and (b) an I 383 square meters of land 387 square meters of land prior to the instant subdivision; and (c) February 9, 1985, the instant forest with the land J ditch, 57 square meters of H 24 square meters of forest land; and

B. On January 15, 1985, L, which is the Defendant’s mother, has completed registration of preservation of ownership in accordance with Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3562), with respect to the area of 1286 square meters and 387 square meters of H forests and fields prior to C before C on January 15, 1985 (hereinafter “registration of preservation of this case”).

2) On March 13, 191, L donated the instant land and forest divided into land C and H forest, respectively, to the Defendant. On March 13, 1991, L completed the registration of transfer of ownership under the name of the Defendant as the receipt No. 5387, Mar. 23, 1991.

3) The Defendant completed the registration of ownership preservation in accordance with the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502) with respect to the 383 square meters in Icele, the Defendant: (a) died on November 19, 1941, and M succeeds to the property; and (b) died on May 17, 1951 and succeeded to the property by N.

2) The N died on January 17, 2006. At the time, there was P, Q, Q, Q, and R, the spouse of the deceased as the bereaved family. Since then, the O died on May 7, 2011, P, Q, and R were subject to adjudication on renunciation of inheritance, and the Plaintiff was subject to adjudication on revocation of inheritance, the Plaintiff’s inheritance shares in N’s property (i.e., the Plaintiff’s inherent inheritance shares 2/11 (=the Plaintiff’s inherent inheritance shares 2/11O’s inheritance shares).

Plaintiff

Since 2011, the plaintiff in the litigation relationship between the side and the defendant against the defendant.