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(영문) 수원지방법원 안산지원 2018.08.10 2018가단50621

소유권확인

Text

1. It is confirmed that the Plaintiff’s ownership of B-road B-road in Ansan-si is 254 square meters;

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Facts of recognition;

A. On the old land cadastre B B, 428 square meters (hereinafter “the land before the instant subdivision”), in Ansan-si, a member D who resided in “C” on March 1, 1916 (five years, 5 years, 1916), was registered as having transferred the ownership in sequence to H residing in “E” on December 12, 1924 (13 years, 1924, 1924, 1924, after the land category was assessed.

B. Of the land before the instant land subdivision, the land category was changed to a road. On September 16, 1987, the land category was combined with the I land on September 16, 1987, and “Yansan-si B road B (hereinafter “instant land”).” The said land cadastre is registered as transfer of ownership on December 22, 1924 to H residing in “G”.

C. On January 16, 1941, the Plaintiff’s father-J, who had his permanent domicile in “Yansan-si,” died on January 16, 194, and thereafter died on April 1, 1949, and the J’s wife (the Plaintiff’s mother), children (the Plaintiff’s sibling), M, N,O, P, and the Plaintiff solely inherited the Plaintiff’s property after the adjudication of disappearance on September 6, 2017 becomes final and conclusive.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-5, 10, 11 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. In full view of the aforementioned facts and the evidence admitted as above, it is reasonable to view H as the same person and J as the Plaintiff’s husband registered as each owner on the old land cadastre and the land cadastre of the instant land before subdivision. Thus, the instant land is owned by the Plaintiff who succeeded to J in succession.

① H registered as each owner on the former land cadastre and the land cadastre of this case before subdivision and the J, the Plaintiff’s assistance division, are the same as Q, and the domicile and permanent domicile of the Plaintiff are the same as “Y”.

② There is no evidence to deem that the Plaintiff’s father had a dynamic name in Ansan-si G at the time of his/her survival.

(b).