소유권확인
1. Revocation of the first instance judgment.
2. The plaintiffs own 1/3 shares of 3,074 square meters of land D in Gangseo-si.
1. Facts of recognition;
A. The cadastral record on the forest land of this case, which is unregistered land, was destroyed by the Korean War. The old forest register on the forest land of this case restored around September 9, 1968 (hereinafter referred to as the “instant forest register”) is written by the owner, who is the network E (the deceased on February 20, 1951; hereinafter referred to as “the deceased”) and the address of the deceased and the plaintiffs as the permanent domicile of the deceased.
B. On July 27, 1947, F prepared a forest sale certificate between the deceased and F to sell the forest land of this case to the deceased at KRW 3,700. At present, the forest land of this case, the Plaintiffs’ grandparents, swelves, swelves, and swelves, the deceased’s second father, and the second father’s swelves (ves for a pair of tombs, 3 and 1 man’s funerals) are installed.
C. On November 4, 2015, after the deceased’s death, the deceased’s heir (including acting inheritors) held an agreement on the division of inherited property with the content that the Plaintiffs, who were the deceased’s children, owned 1/3 shares of the forest of this case.
[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 through 15, 17, 20, 23 (including branch numbers for those with branch numbers), Gap's evidence 16-1 through 5, the purport of the whole pleadings
2. Determination on the plaintiffs' claims
(a) The claim for confirmation of land ownership against the country of relevant legal doctrine shall be limited to the cases where the land is unregistered and its registrant is unknown on the land cadastre or the forest land cadastre or the forest land cadastre, or where the State denies the ownership of a third party who is the titleholder of the registration and where there are special circumstances, such as continuing to assert the ownership of the State.
In addition, when there is a person who has been registered as an owner in the registry, land cadastre or forest land cadastre with respect to a certain land, it shall be confirmed that the relevant real estate is owned by the applicant for preservation registration in a lawsuit against the nominal owner.