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(영문) 제주지방법원 2016.09.27 2015가단11846

소유권확인 등

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1. Defendant Korea’s share of 10/21 of each land listed in the separate sheet is Defendant C’s, and 7/21 of each land listed in the separate sheet.

Reasons

1. Basic facts

A. The Plaintiff is an unincorporated association organized by descendants for the purpose of protecting A’s graves, etc.

B. Each land indicated in the separate sheet (hereinafter “each land of this case”) and the E cemetery 50 square meters in Jeju-si, indicated on the Gu’s land cadastre as follows: “G” located in the “F at Jeju-si,” and indicated on the Gu’s land cadastre as the assessment of each land on August 28, 1913.

The reason why G does not separately state G's address in the Gu of the fifth land in the attached list is that G has an address in the Jeju city where the land is located).

On July 8, 1936, H, a son of A, died on the part of July 8, 1936, and only succeeded to H’s property, and thereafter I died on June 4, 1964 and jointly succeeded to the property of J and Defendant B, C, and D as his co-inheritors (J shares: 1/7, Defendant B’s shares: 3/7, Defendant C shares: 1/7, Defendant D shares: 2/7), and again, Defendant B, C, and D, their co-inheritors, died on September 4, 2001, jointly succeeded to the property of J.

(Defendant B, C, and D Shares: 1/3). D.

The defendant Jeju Special Self-Governing Province decided to KRW 10,956,000 on the liquidation amount of KRW 50 square meters of the E cemetery at the Jeju Special Self-Governing Province, which was disposed of on June 30, 2014 in the process of implementing the K Urban Development Project in Jeju-si.

【Ground of recognition】 Facts without dispute, entry of Gap evidence 1 through 11, and purport of the whole pleadings

2. Determination

A. In full view of the following circumstances, comprehensively taking account of each of the above evidence, which can see the purport of the entire argument, it is reasonable to deem that the Plaintiff trusted each of the above land to H in title by having H, a son, at the time of the land investigation project, which was the Plaintiff’s property, undergo an assessment of the Plaintiff’s respective land of this case and the E cemetery No. 50 square meters in his/her name at the time of the project.

(1) Although the land cadastre of each of the above lands has been written in G, the name of G as an assessment titleholder.