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(영문) 울산지방법원 2015.07.22 2014나3566

소유권확인

Text

1. The plaintiffs' appeals against the defendants (appointed parties) and the defendants are all dismissed.

2. The appeal costs.

Reasons

1. The following facts may be acknowledged in full view of the following facts: (a) there is no dispute between the parties; (b) evidence Nos. 1, 4, 5, and 1; and (c) evidence Nos. 1; and (d) and the purport of the whole pleadings as a result of the fact inquiry into the office of the court of the first instance, Seo-gu, Busan, Seo-gu, Busan, and Y-si.

The instant forest land is unregistered land for which Q Q assessment was conducted on March 25, 1918.

B. AV died on December 7, 1923, and succeeded to AV, the Republic of Korea, and the Defendants died on May 17, 1960, resulting in the Defendants’ succession in sequence or by substitute succession, thereby having owned the forest land of this case in proportion to the respective shares indicated in the separate sheet.

C. Meanwhile, the Plaintiffs, as children of A who died on January 17, 2012, inherited A at the ratio of 1/4, respectively.

2. The plaintiffs' assertion and judgment

A. The plaintiffs asserted that, since the acquisition by prescription of possession of the forest of this case was completed on March 23, 1961, at least 20 years after the lapse of 1/4 years from March 23, 1961, the plaintiffs asserted that the plaintiffs, who inherited A in the proportion of 1/4 of each of the shares listed in the separate sheet among the forest of this case, have the obligation to implement the procedure for the transfer registration of ownership on March 23, 1981, as to each of the shares in the separate sheet of this case to the plaintiffs who inherited A in the proportion of 1/4 of each of the shares in the forest of this case.

B. The possession of the object to be determined refers to the objective relationship that appears to be under the factual control of a person under the concept of society, and at this time, factual control is not only required to control the object physically and practically, but also the time and spatial relationship between the object and the person, its background, and the other person’s principal right relationship.