beta
(영문) 제주지방법원 2017.09.25 2017가단51725

토지소유권확인의 소

Text

The defendant confirms that the plaintiff has ownership of the B cemetery No. 117 square meters and C road No. 12 square meters in Jeju-si.

Reasons

1. Basic facts

A. On the Gu’s land cadastre, the land cadastre No. 129 square meters on Jeju-si’s land cadastre (hereinafter “instant land”) is indicated as being assessed on July 15, 1913 by E residing in Jeju-si.

B. The Plaintiff’s family relationship and inheritance (1) other F, the names of the above circumstances, were born by G, and the permanent domicile was removed from Jeju H. On January 6, 194, the Republic of Korea died at the above permanent domicile, and the Republic of Korea succeeded to Australia, while the Republic of Korea was established in the Republic of Korea, as the head of Australia on January 6, 194.

(2) Although K had as Australia, P, A P, Q, and the Plaintiff as her husband, but P died at H on August 18, 193 at Jeju-si, the permanent domicile of which was above, and Q died on August 9, 1953 in the above Jeju-si, Jeju-si, the permanent domicile of which was the legal domicile of the Republic of Korea on August 9, 1953 (the change of the name of the above S Ri to Tdong). Accordingly, the Plaintiff was the sole heir, and accordingly, the RF was the sole heir of the net F, and the registration of ownership was completed on February 12, 1992, the Plaintiff on February 12, 1992.

C. On February 20, 1984, the instant land was divided into 12 square meters and B cemetery 117 square meters in Jeju-si, Jeju-si.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 4 and 7 evidence (including paper numbers), the purport of the whole pleadings

2. The Plaintiff’s assertion F is residing in the above HJ large 268 square meters, and the instant land was a cemetery on July 15, 1913, but when considering the circumstances, “F” was written in writing as “E” in marking a Chinese name on the former land cadastre.

Accordingly, the Plaintiff, as a sole heir of Cho Jong F, seeks confirmation of ownership of the instant land to the Defendant in order to implement the registration procedure for preservation of ownership in the name of the Plaintiff for the instant land.

3. Determination

A. The following circumstances, i.e., the E’s domicile where the land of this case was assessed, are identified by the facts of recognition as the same person E and the written evidence Nos. 2, 5, and 6.