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(영문) 서울중앙지방법원 2016.09.28 2014가단5010574

소유권확인

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1. The plaintiffs' lawsuits against the defendant Republic of Korea are dismissed.

2. All of the plaintiffs' claims against Defendant I.

Reasons

1. Basic facts

A. According to the old land cadastre (written before the amendment of the Cadastral Act on December 31, 1975), Defendant I, who resides in the J (former Yong-gun K) of the territorial sea area, was assessed on March 25, 1913 by 2,757 square meters (attached Form 1; hereinafter the same shall apply), and the land in this case is unregistered land.

B. M had 1 South and North 5 women under the sus, but upon the death of M on September 26, 1950, N, who was an son, inherited Australia.

N had 2 South (Plaintiff C, H) 5 women (Plaintiff B, D, E, F, and G) under the chain of marriage with Plaintiff A.

As N died on April 25, 1974, the plaintiffs became co-inheritors.

[Reasons for Recognition] Evidence Nos. 1 through 5, Evidence No. 2, the purport of the whole pleadings

2. The plaintiffs' assertion M purchased and cultivated the instant land to Defendant I on September 26, 1950, and died on September 26, 1950. After the death of M, the head of Australia N, a family heir, inherited the instant land in accordance with the old custom.

N was killed on April 25, 1974 and became co-inheritors by the plaintiffs, and after N death, the plaintiff A resided in the vicinity of the land in this case and cultivated the land.

The land cadastre of this case is written with the fact that Defendant I was examined. Defendant I’s address is only “O” and it cannot be registered for preservation in Defendant I’s name because it was not known of specific address. As such, the Plaintiffs seek confirmation of ownership of the land against the State in subrogation of Defendant I in order to obtain ownership transfer.

M purchased the instant land from Defendant I and occupied it in peace and openly with his intention to own it, and the Republic of Korea N succeeded to the possession of M.

N had cultivated the instant land from August 31, 1971, which was confirmed to have been occupied by air stations at the latest, and after N died, the Plaintiffs succeeded to the ownership of N (Plaintiff A, direct possession by Plaintiff A, indirect possession by Plaintiff A), and as to the instant land on August 30, 191.

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