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(영문) 서울중앙지방법원 2016.12.15 2015가단169546
토지소유권확인
Text

1. It is confirmed that B road B is owned by the Plaintiff with the size of 109 square meters in a Sinjin-si.

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

Reasons

1. Basic facts

A. The former land cadastre drawn up with respect to C is written as the owner who was examined on May 17, 1918, and the above C was converted into E on July 18, 1969, and on November 30, 1972, B from the above E on November 30, 1972, the land of this case was divided into the land of this case. The land of this case is currently unregistered.

B. The old land cadastre as to C or the land of this case does not contain any information that could identify the personal information, such as the date of birth and address of D(D).

C. Meanwhile, on June 3, 1943, D, the Plaintiff’s father, died on June 3, 194, succeeded to the Plaintiff’s father F, and the Plaintiff’s father F inherited the Plaintiff’s family status as the deceased on August 30, 1952.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 6, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. In a case where the registration of ownership was completed in the name of the nominal owner at the time of enforcement of the former Land cadastre Regulation (No. 45 of April 25, 1914), it means that the nominal owner had acquired ownership in the future and the nominal owner had acquired ownership.

Therefore, the above basic facts and the statements in Gap's evidence Nos. 1, 2, 3, and 7, and the fact inquiry conducted on July 28, 2016 to the head of the G office at the time of Jin-si, the following circumstances acknowledged by the overall purport of the pleadings, i.e., the owner on the land of this case as D (D). The Chinese shape of the network D and the Chinese shape of the above D (D) written in the original copy of the plaintiff Cho Jin-dong D, but, in the original copy of the plaintiff Cho Jin-C, the name of the plaintiff Cho Jong-dong was written as "D", and even in H H's compensation, the plaintiff Cho J's name was written as "D" as "D," and the land owner's address was written as "D" as at the time of the preparation of the land survey.

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