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(영문) 서울중앙지방법원 2019.04.25 2018가단5199147

소유권확인

Text

1. Of the land listed in the attached list, 3/6 shares in 1/6 shares in 1/6 shares in the land listed in the Plaintiff’s and the attached list shall be Plaintiff B.

Reasons

1. Facts of recognition;

A. The Land Survey Board prepared during the Japanese Occupation Period is indicated in the Land Survey Board as the fact that H, who has an address in the Gyeonggi-gun E, 154 square meters and 1,545 square meters in the Gyeonggi-gun E, and the Gyeonggi F, was an assessment of the situation.

B. The name of the administrative district was changed to Jri-ri, the Gyeonggi-si, the Gyeonggi-si, the Gyeonggi-si, and the cadastral restoration of the said land was the land indicated in the annexed sheet (hereinafter “instant land”).

C. On April 17, 1945, K, the assessment titleholder of the land of this case, who was the plaintiffs, died, and L, son, as the family heir, succeeded to K solely as the family head, but died on August 14, 1960.

However, on May 11, 1957, M was jointly inherited L's property by Plaintiff D, the wife of L, and Plaintiff A (ma), B (ma), and C (ma), the wife of M, due to the death of the wife on June 16, 1950.

At the time of L's death, A, a Australia inheritor, succeeded to 3/6 shares, and Plaintiff B, a mother of Plaintiff B, C, and his mother, respectively, inherited 1/6 shares.

The land in this case is currently unregistered, and there is no person registered in the land cadastre.

[Ground of recognition] Facts without dispute, Gap evidence 1 to Gap evidence 5-2, the purport of the whole pleadings

2. Determination

A. According to the facts of recognition under paragraph (1), unless there is any counter-proof such as the change of the content of the land by the adjudication, the person who was registered as the owner of the land in the Land Survey Division shall be presumed to have been determined by the land owner, and the situation shall be presumed to have been determined. As such, H registered as the owner in the Land Survey Division shall be deemed

Therefore, 3/6 shares in the land of this case are owned by Plaintiff A, Plaintiff C, and Plaintiff D, respectively.

Furthermore, the instant land is unregistered, and there is no registered titleholder in the land cadastre, against the State.