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(영문) 대구지방법원 2017.12.12 2014가단105216

소유권이전등기

Text

1. Defendant Republic of Korea:

2. From 16. to 16. each of the annexed inheritance share calculation table in the Daegu Suwon-gu Qingle of 89m2.

Reasons

1. Basic facts

A. R died on April 20, 1926, prior to the enforcement of the former Civil Act without having any child, on the land on the land of the Daegu Suwon-gu Q 89 square meters (hereinafter “instant land”). However, on the ground of the death of April 20, 1926, which was before the enforcement of the former Civil Act, R succeeded to the instant land to the Sil S, which was the wife under the former common law, and on the death of July 2, 1935, prior to the enforcement of the former Civil Act, the instant land was inherited to T, a person who had recently been in the same family register.

(b) The deceased U and the defendant;

2.On May 3, 1984, the Defendant, as his children, who died on May 3, 1984, jointly inherited the property;

9. From April 18, 2010 to April 16, 2010, as deceased U's children who jointly inherited U's property, the defendant

2.The shares in the inheritance shall be as shown in the annexed inheritance shares calculation sheet.

C. On July 23, 1911, the Daegu Suwon-gu V, which is adjacent to the instant land, had been built and resided in a house on the said ground and was purchased from W on December 6, 1939 from W, and lived with the said family members.

Around December 1955, the above X purchased the instant land and its ground buildings from T and destroyed a fence installed on the boundary line of the instant land and the above V land, and died on April 5, 1984, and was occupied and used as one parcel. The Plaintiff solely inherited it by agreement division.

E. The instant land was unregistered land and Y on July 23, 1911, but there was an assessment of Y on its land cadastre, but only Y0 is written in the owner’s column for land cadastre, and does not contain the date of birth, address, etc.

[Ground of Recognition] Facts without dispute, entries or images of Gap evidence 1 to 25 (including each number), the purport of the whole pleadings

2. Determination

(a) Defendant;

2. Indication of claims 1) : In addition to entry of grounds for claims: Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act (Judgment of Confession).

B. Land against one State claiming against Defendant Republic of Korea.