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(영문) 광주지방법원 2016.10.06 2015가단46855
분묘굴이
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the request for removal and delivery

A. The plaintiff's assertion is the owner of H-gun H-gun 1861m2 (hereinafter "the land in this case"), and the defendants are deemed to have no dispute between the parties, or to have a full effect of the entries and arguments in Gap 1 through 4, respectively. According to the above facts of recognition, the defendants are liable to remove and deliver each of the claims to the plaintiff.

B. As to the Defendant’s assertion, the Defendants asserted that the instant land is not owned by the Plaintiff, since Nonparty I’s clan (hereinafter referred to as “foreign clan”) was the land registered in title by Nonparty I under the name of the J (the Plaintiff’s contribution to the clan).

In full view of the overall purport of the statements and arguments in the evidence Nos. 1 and 2, the non-party clan established a tomb on the land of this case from around 1890, before the plaintiff was given the status of his family members, to use the land of this case as the birth of the species. The non-party clan made a title trust not only to the land of this case but also to the non-party clan members, including the land of this case, 2,949mm2 and L, 12,397m2, etc., but also to the non-party clan members, including the land of this case, the non-party clan members of the non-party clan registered the title trust, and the non-party clan paid the aggregate land tax on the land of this case while managing the graves installed on the land of this case. According to the above facts, the non-party clan's land can be recognized that the non-party clan was a cause of the clan around November 13, 191. Thus, the plaintiff's assertion that the non-party title trust of this case is the owner of the land of this case.

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