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(영문) 울산지방법원 2014.09.19 2014가단6243
토지소유권확인
Text

1. The defendant shall have the real estate stated in the annexed sheet 1's share in the inheritance ratio stated in the annexed sheet 2.

Reasons

1. Basic facts

A. Each land listed in the separate sheet is unregistered land (hereinafter “each of the instant land”). The land cadastre Nos. 1 (hereinafter “instant land”) was the first registered land cadastre, and the address of B, the owner of which was the owner on July 15, 1914, was changed to Gyeong-gun C.

The land cadastre No. 2 (hereinafter referred to as “No. 2”) merely includes a statement to the purport that “land condition” was not indicated, and there was an assessment on April 25, 1912 by B having a domicile in Gyeongju-gun C.

B. B. The “B” written on the above land cadastre died on October 23, 1919, and the Plaintiff (Appointed Party) or the designated parties inherited or inherited by succession B in succession in proportion to the inheritance shares as shown in attached Table 2. C. On November 7, 1960, the Defendant filed a lawsuit against the Defendant seeking cancellation of each of the above registrations (U.S. District Court Decision 2005No21806). On January 5, 2006, the above court rendered a decision in lieu of the conciliation to the effect that “the Defendant shall implement the procedure for cancellation registration of each of the instant land,” and the above decision became final and conclusive at that time.

[Ground of recognition] Facts without dispute, Gap 1 through 15 (including paper numbers), the purport of the whole pleadings

2. As to the defense of this case

A. As to the lawsuit filed against the Defendant’s Republic of Korea for confirmation that the Plaintiff alleged in the parties’ assertion that “the instant land is owned by the Plaintiff and the designated parties,” the Defendant’s assertion to the effect that “the Defendant does not have any interest in confirmation.”

B. The claim for the confirmation of land ownership against the market owner is unregistered and the land is not registered in the land cadastre or forest land cadastre or land cadastre, or the registrant is unknown, or the State is another person.

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