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(영문) 대전지방법원서산지원 2015.03.31 2014가단53778
소유권확인
Text

1. It is confirmed that the Plaintiffs are co-ownership of 387 square meters prior to E in Chungcheongnam-do, Chungcheongnam-do.

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

Reasons

1. Facts of recognition;

A. The land of this case was unregistered as the land of this case, E prior to 387 square meters in Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, and according to the Gu’s land cadastre, 4 U.S. forest land of this case was found to G on May 15, 1918, and the forest of this case was converted into registration on December 15, 1959 and became the land of this case.

B. Plaintiff A’s high tide and Plaintiff B, C, and D’s symptoms are Nonparty G, the domicile of which is the Cheong-nam-si, Chungcheongnam-do.

C. On January 16, 2012, the current land cadastre of the instant case was registered as H in J on January 16, 2012 by the owner G.

G, which has the place of registration in the Cheongnam-do, Chungcheongnam-do, has no place of registration except for G, the plaintiffs' ray.

E. On October 23, 1945, G, the rayer of the Plaintiffs, died on October 23, 1945, and the heir has both the Plaintiffs and Nonparty J, K, L, M, N,O, and P.

On August 27, 2014, the above co-inheritors agreed on the division of inherited property with the agreement that the instant land would be jointly owned by the plaintiffs.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, and 16, fact inquiry results against the Myeoncheon Office of this Court, the purport of the whole pleadings

2. In light of the above facts of recognition, G registered in the land cadastre and the plaintiffs' preference G as a title holder of the land of this case is reasonable to deem that the same person is the same.

Therefore, the land of this case is the real estate owned by the plaintiffs inherited by G, who was under the circumstances of G, who is the prior owner of the plaintiffs, and there is a benefit of confirmation as the defendant contests this.

3. In conclusion, the plaintiffs' claim of this case is justified and it is so decided as per Disposition.

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