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(영문) 서울고등법원 2016.09.08 2016나2024817

소유권확인

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons why this court should explain are the same as the reasoning of the judgment of the first instance, except for the addition or dismissal as follows. Thus, it shall be accepted by the main sentence of Article 420 of the Civil Procedure Act.

Part 2 by inserting the separate entry of Nos. 12-1 and 2 to the "(based on recognition") of Part 14."

2.(a)

As follows, the Plaintiff’s assertion was incorporated into the 15-Dong Dong-dong, Dong-dong, Y-dong, Y-dong, and the Plaintiff is an organization whose head is each of the household members who maintained his resident registration in the above area and whose head is the same as the above 'Y-dong,’ and thus, the instant land is owned by the Plaintiff, and seek confirmation of its ownership.

2.(c)

If a part of paragraph (c) was examined in the name of a Dong or Ri by the Land Survey Ordinance at the time of the Japanese colonial occupation as follows, the Dong or Ri shall not merely refer to an administrative district, but shall be deemed as an unincorporated association consisting of residents living in the administrative district, which uses the same name as that of the administrative district, unless there are other special circumstances.

Such a community of residents is a permanent organization consisting of many and unspecified persons who are members of the community of residents and move to another area as a matter of course at the time of moving into the community and who naturally lose their membership at the same time, and the community of residents is not naturally extinguished due to changes in administrative districts (see, e.g., Supreme Court Decisions 2010Da75723, Oct. 25, 2012; 2008Da71469, Jan. 30, 2009). 2nd priority is a community of residents or a community of the same nature as “Ri” recorded in the land research book by the Plaintiff.