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(영문) 대구지방법원김천지원 2020.03.04 2019가단4713
토지소유권확인
Text

1. It is confirmed that 1/3 of the share of 625 square meters in Kimcheon-si B cemetery is owned by the Plaintiff.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged in full view of the whole purport of the arguments as to Gap evidence Nos. 1, 2, 3, 4-1, 2, 3, 4, 5-1, 2, and 6-1, 5-2, and 6-1.

In the Land Survey Division drawn up during the Japanese occupation period, C states that “The 189 square meters for the Gimcheon-gun E grave site was assessed.”

(E) Following the conversion of the area, the change of land category, and the change of administrative district, the land of E was 625 square meters in Kimcheon-si B cemetery, Kimcheon-si; hereinafter “instant land”). The land survey division does not contain the address of C, who is the assessment titleholder.

(b) The land cadastre is written by the owner of the instant land as “C” and the address of the owner is not written.

C. On June 7, 1925, the Plaintiff’s family registry HF established the permanent domicile in the Gyeongung-Gun G, and died at the same time. He inherited the family registry independently with the family registry inheritance. On September 2, 1926, H died on September 2, 1926, and H I inherited the family registry solely with the family registry inheritance.

I declared the adjudication of disappearance on the grounds of the expiration of the period of disappearance on August 6, 1950 from the Daegu District Court Kimcheon Branch of the Daegu District Court on May 13, 2016 at the request of J on May 13, 2016, and the adjudication of disappearance was finalized on June 1, 2016. As I succeeded to the property of K solely that is the remaining birth, and after K died on August 25, 1958, K inherited the property at the ratio of one-third shares.

E. The instant land is currently unregistered.

2. The defendant's defense of this case has no interest in seeking confirmation of ownership of the land of this case against the defendant.

According to Article 65 of the Registration of Real Estate Act, a person who proves that he/she or his/her predecessor has been registered as an owner in the land cadastre or forest land cadastre by a certified copy of land cadastre or forest land cadastre, may apply for registration of preservation of ownership

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