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(영문) 서울중앙지방법원 2017.08.24 2016가단5271120
소유권확인
Text

1. It is confirmed that the plaintiffs own 1/20 shares of forest E 1,260 square meters of forest land in Chungcheongnam-dong, Chungcheongnam-do.

2. Each of the plaintiffs.

Reasons

1. Basic facts

(a) 1,798, 1913, 1913 (2 years, 2 years, 1913);

2. 20. The State (State) was under its circumstances and was divided into F and G on September 20, 1920 into F and that of September 20, 1920, 381.

B. The old land cadastre (Evidence No. 1-3) with respect to the above E’s 381 square meters (1,260 square meters, hereinafter “instant land”) prior to E, the instant land is located on 1927. (Fire 2 years)

8. 19. H, September 29, 1927, September 29, 1936 (Fire 11 years);

4.4. It is stated that the ownership of the instant land has been transferred in succession to K (K) and four other persons residing in theJ of Chungcheongnam-dong, Chungcheongnam-gun, and there is no registry on the instant land.

C. Meanwhile, as the plaintiffs' fleet, the Australia L died on July 25, 1950, and at the time, the bereaved family members were both wife M and children and were removed from the military register. M died on January 25, 1957.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence 1-1-3, Gap evidence 2-1-2 and the purport of the whole pleadings

2. The plaintiffs' assertion is the land purchased and occupied by K and four other co-owners on its land cadastre L, which is the plaintiff's own purchase and possession. Since the land of this case is unregistered land, and since the plaintiffs cannot obtain the consent of the former owners or their successors or related confirmations, they seek confirmation of whether the land of this case is co-owned by the plaintiffs.

3. Determination

A. In full view of the following circumstances as to whether the same person as K and the plaintiffs' attached L on the old land cadastre No. 1-3, Gap evidence No. 2-1, 2, and Gap evidence No. 5, it is reasonable to view K and the plaintiffs' attached L on the old land cadastre as the same person.

1) The legal domicile of L, which is the plaintiffs' reference, is set up in the Department of Chungcheong Dong-gun, Chungcheongnam-dong, Chungcheongnam-dong, and transferred to N on January 19, 1942, and the domicile of K on the old land cadastre of this case is set up as the "J" (OJ in Yong-dong, Chungcheongnam-dong, Chungcheongnam-do).

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