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(영문) 울산지방법원 2017.11.08 2017가단9632

토지사용승낙의 의사표시

Text

1. The plaintiff's lawsuit of this case is dismissed.

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

Reasons

The Plaintiff filed the instant lawsuit against the Defendant, who is the owner of “71m2 in Ulsan-gun, Ulsan-gun, Seoul Special Metropolitan City,” and is a landowner of “126m2,” which is to be used as an access road to newly construct a detached house on the above land.”

However, the plaintiff's lawsuit of this case is rejected for the following reasons.

In general, unless there are special circumstances, it is reasonable to presume that the plaintiff is a deceased person, and that the defendant is a deceased person, and that the person of such age is alive, such defendant is presumed to be alive, barring special circumstances. Thus, unless there are special circumstances, unless it is acknowledged that the defendant is a deceased person and it is extremely rare that the defendant would live until he reaches the age of today, the defendant shall be presumed to be a deceased person, and unless there are special circumstances, the defendant shall be presumed to be a deceased person, and the fact that the plaintiff died is a deceased person by the age of 109 or 110 shall be proved actively in the opposite side of his assertion. However, since the fact that the person is alive by the age of 109 or 110 is very rare, the fact of death may be ratified if the defendant is easily deemed to have already died before the filing of the lawsuit in this case, taking into account all the circumstances as above.

(See Supreme Court Decision 77Da1555, 1556 Decided July 25, 1978, and Supreme Court Decision 2002Da5873 Decided April 26, 2002). According to the land cadastre [A] of this case, the defendant, who is taking the address of the location of the instant land, stated that he/she acquired ownership by taking into account the circumstances on April 9, 1912, and there is no other evidence that a certified copy of the register of the land was written.

Even if the defendant is assumed to have been born on the above day, at the time of the filing of the instant lawsuit.