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1. Each real estate listed in the separate sheet shall be the ratio of 1/5 shares, respectively, by the plaintiffs (appointed parties) and the designated parties.
Reasons
1. Facts of recognition;
A. Each real estate listed in the separate sheet 1) is unregistered land. The land listed in the separate sheet 2 is partitioned from the land listed in paragraph 1 of the same Table on April 1, 2015 (hereinafter referred to as “instant land”) on which the land listed in the separate sheet 1 does not distinguish before and after the subdivision.
(2) 2) The land cadastre of the instant land indicated “B” as the assessment of the said land on February 28, 1914.
B. Following the death of June 10, 1949 by the Plaintiff (designated parties, hereinafter “Plaintiffs”) and C, which is an additional panel of the designated parties, D, his/her grandchildren, succeeded to Australia and the property of Australia.
D The deceased on June 23, 199, and at the time, the heir was his spouse, E, the plaintiff, and the designated parties, and thereafter the E died on April 11, 2005.
C. The Plaintiff and the designated parties filed a lawsuit against the Defendant for confirmation of ownership of 1/5 shares out of the above land on the premise that B, the name of the assessment titleholder of 1624m2, which is the Plaintiff and the designated parties, is the decedent of the Plaintiff and the designated parties.
(Cheongju District Court 201No. 9016). In the above case, a decision of recommending reconciliation was finalized to the effect that “the above land shall be owned by the Plaintiff and the designated parties in proportion to the shares of 1/5, and the cost of litigation shall be borne by each party.”
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, 11 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination on this safety defense
A. The Defendant asserts that there is no benefit to seek confirmation of ownership because the land in this case is a unregistered land but its owner is clearly identified, and it does not constitute a case where the registrant is either or cannot be identified.
B. In light of Article 130 of the former Registration of Real Estate Act (wholly amended by Act No. 10580, Apr. 12, 2011), the Plaintiffs made registration of preservation of ownership of the instant real estate.