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(영문) 서울중앙지방법원 2018.12.26 2018가단5170276

소유권확인

Text

1. As to each real estate listed in the separate sheet No. 1, the defendant shall be classified into the ratio of the shares in inheritance as stated in the separate sheet No. 2.

Reasons

1. Facts of recognition;

A. Each of the real estates listed in attached Form 1 (hereinafter “each of the instant real estates”) in the Land Survey Book prepared during the Japanese Occupation Period is registered as owned by E in the Gyeonggi-do Seocheon-gun D.

B. Each of the instant real property is currently unregistered.

C. (1) A, B (1935 birth), P (1938 birth and death in 1938), C (1939), Q (1943 and death in 1927), etc. were five children, including I (2, J (2, 1935) and K (2, death without descendants in 1929), L (29), M (2, 1927) between the second spouse network N and the second spouse N, respectively. < Amended by Presidential Decree No. 1098, Jun. 25, 1931; Presidential Decree No. 13583, Jun. 25, 1955; Presidential Decree No. 13898, Jun. 25, 193; Presidential Decree No. 13820, Jun. 6, 194).

② G died in 1950. Around June 1950, theO was missing with no spouse or child, and on February 16, 2010, the Seoul Family Court Decision 2009Hu539 decided missing on February 16, 2010, and was deemed deceased on June 25, 1955.

[Reasons for Recognition] Facts without a partial dispute, entry of Gap evidence 1 to 7, the purport of the whole pleadings

2. Determination

(a) In the absence of counter-proof such as the change of the situation by the ruling, the person who is registered as the owner in the same land survey division or forest survey division with the owner of the land, the situation is presumed to have become final and conclusive, and the person who received the land assessment shall acquire the land from the original state;

(See Supreme Court Decision 98Da13686 delivered on September 8, 1998, etc.). According to the above facts, each real estate of this case was originally acquired under the circumstances of E recorded in the land investigation book as the title holder of the situation, and the name of E as the title holder of the circumstance and G as the title holder of the plaintiffs is equal to the name of G (E). The legal domicile of the plaintiffs' prior owner of G is "F in Gyeonggi-do, Gyeonggi-do."