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(영문) 전주지방법원 2020.01.15 2018가단31950

소유권확인

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1. It is confirmed that the 116m2 in Seojin-gu Seoul Metropolitan City B is owned by Nonparty C.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. According to the land cadastre for the Jinjin-gu D (hereinafter “D”) in Jeonjin-gu, Jeonjin-gu, Seoul (hereinafter “D”), the above land is indicated as being examined on September 23, 1914 by Nonparty C residing in E.

B. On February 10, 1949, D land was divided into a F-6 square meter (hereinafter “F-owned land”), G-based 331 square meters (hereinafter “G land”), and a Gu B-based 116 square meters (hereinafter “instant land”).

C. On December 27, 1979, F and G land were merged into F and F land with F and 397 square meters on October 2, 1980 after the registration of ownership transfer was made in Nonparty H on December 27, 1979, and the registration of ownership transfer was completed in Nonparty I on November 10, 1993.

On October 19, 1987, the Plaintiff’s Cho division died and succeeded to approximately 25 square meters of the cement brick slives house of the instant land (hereinafter “instant house”). On July 2, 2018, K died on July 2, 2018, K’s family relation certificate has six children, such as R, Plaintiff, Nonparty L, M, N, N,O, etc. However, K’s resident registration number is not given to R. According to the K’s confirmation document, according to the fact that K’s family relation certificate, it is reasonable to deem that R had already died before K dies, in light of the fact that K died as a red station in the year when it was seven years of age.

On December 10, 2018, K succeeded to the property of this case, and on December 10, 2018, K agreed that the Plaintiff would own the housing of this case by concluding a contract for division of inherited property consultation.

E. The instant housing was divided into P and Q. The instant housing was newly built on January 1, 1988, and Qho was newly built on January 1, 1964.

F. Since the 1994, Jeonjin-gu imposed the aggregate land tax, etc. on the instant land and its ground. The Plaintiff’s father K paid the property tax imposed on the instant land and its ground in 2009 to 2012, 2014, 2016, and 2018.

[Reasons for Recognition] There is no dispute;