소유권확인
1. Of each real estate listed in the separate sheet:
(a) Each 1/8 equity interest in the Plaintiff A, B, C, and D;
(b) 1/24 shares are Plaintiff E, C.
1. Determination on the cause of the claim
A. The following facts can be acknowledged according to the contents of evidence Nos. 1 through 14 and the purport of the whole pleadings.
① In 1912, K was assessed against L, 2645 square meters and M 536 square meters, and the transfer of ownership in N was completed on each of the above land cadastre in 1914.
② Around 1929 square meters prior to L is divided into 1729 square meters prior to L and 916 square meters prior to P, while the aforementionedO was converted into a site.
On October 14, 1938, the registration of transfer of ownership in Q was completed.
The land cadastre does not contain the address of K, who is an assessment titleholder.
③ The Plaintiffs are successors of Q Q, and their inheritance shares are as shown in paragraph (1) of this Article.
B. Article 2 of the former Regulations on Land Planning (Ordinance of the Ministry of Oceans and Fisheries No. 113 of Aug. 23, 1920) which applies mutatis mutandis under Article 113 of the former Rules on Land Planning (Ordinance No. 45 of the Ministry of Oceans and Fisheries of Apr. 25, 1914) provides that matters concerning the transfer of ownership shall not be registered in the forest register unless the notice of the management of the registration is given. Thus, any entry in the change in the owner in the former forest register shall not be deemed to have been made by the registration officer’s notification pursuant to the above provisions. Therefore, if the ownership in the forest register is registered as a transfer of ownership in the forest register, barring any special circumstance, it shall be recognized that the ownership transfer registration has been completed
(See Supreme Court Decision 95Da14701 delivered on September 5, 1995). C.
Therefore, barring special circumstances, it is reasonable to view that each of the real estate listed in the separate sheet (hereinafter “instant real estate”), 1/8 shares in the Plaintiff A, B, C, D, 2, 1/24 shares in the Plaintiff E, 36 shares in the Plaintiff E, 1/36 shares in the Plaintiff F, G, H, 4, and 1/16 shares in each of the Plaintiff I and J respectively.
2. The defendant's assertion asserts that Q, the title holder of ownership transfer registration, cannot be confirmed as the same person as the deceased.