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(영문) 서울중앙지방법원 2015.04.10 2014가단5311741
상속권자확인 청구의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The land research division drafted at the Japanese occupation point is indicated in the land research division as being subject to the ruling by the J in 295 PY and 1,305 PWY 295.

(b) Gyeonggi-si K became Pyeongtaek-si L after its administrative district and name change.

The above H land was divided into several lots, and among which, J (J and Ansan-gun M) is registered as the owner in the old land cadastre and a certified copy of the register of land cadastre for the area of 155 square meters on Pyeongtaek-si F Road. The above I land is divided into several lots, and among which J (J and Ansan-gun M) is registered as the owner in the old land cadastre and the certified copy of the register of land register for the area of 298 square meters on Pyeongtaek-si G-si Road.

(hereinafter referred to as "each of the lands of this case") / [based on the recognition] / The fact that there is no dispute, Gap evidence No. 1, Gap evidence No. 13 through 23 (including each number), and the purport of the whole pleadings.

2. The plaintiffs asserted that while they want to apply for the inheritance registration of each of the lands of this case as the descendants of J, the registration officials cannot confirm that they are the owners of each of the lands of this case and the J, the fleets of the plaintiffs, who are the owners of each of the lands of this case, refuse the above application. Thus, the plaintiffs asserted against the defendant that they are the successors of each of the lands of this case.

3. Determination as to the defendant's defense prior to the merits

A. The defendant asserts that the defendant's defense is not a valid and appropriate means for dispute resolution, and thus there is no benefit of confirmation.

B. The claim for confirmation of land ownership against the State is unregistered and the registrant is not known on the land cadastre or forestry register, and the State continues to assert state ownership while denying the ownership of a third party who is the titleholder of the registration or enrollment.

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