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(영문) 서울중앙지방법원 2019.03.28 2018가단24361
소유권확인
Text

1. It is confirmed that each real estate listed in the separate sheet is owned by the plaintiff.

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

Reasons

1. Basic facts

A. The land investigation division for the head of a group of groups (at present, dispatched) prepared under the Joseon Land Investigation Order during the Japanese Occupation Period, shall state that C (C and the address shall be stated in the attached list) shall have received the assessment of C (C and the address shall be stated in the attached list). The land investigation division for the head of a group of group Ea shall state that C (C and the address shall be expressed in the attached list) shall have received the assessment of C (C and the address shall be expressed in the attached list.

B. Each land listed in the separate sheet (hereinafter “each land of this case”) is unregistered, and the owner of each land in its land cadastre and forest land cadastre is also in an unrepared state.

C. On January 5, 1961, the Plaintiff’s priorF died and succeeded to the sole inheritance of G, who is an son, and G died on December 19, 1969 and jointly succeeded to it by H, I, J, and K, who is a child.

On the other hand, H died with a child A (Plaintiff), L, and M on July 5, 1994, and K died with unmarried status on March 3, 2006, and K jointly succeeded to the property of H (Plaintiff), L, M, and G’s children, who were H’s children. The aforementioned co-inheritors agreed on division of inherited property with the purport that the Plaintiff owns each of the instant land solely on October 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including a provisional number), the purport of the whole pleadings

2. The following circumstances, i.e., (i) the names of C and F, the Plaintiff’s prior owner, the title of each land of this case, are the same; (ii) the Plaintiff’s prior owner, the Plaintiff’s original F N, and F, G on December 24, 1910, appears to have resided in this area, such as the Plaintiff’s birth at the above address; (iii) the land survey division of B had the address of C, the title of the circumstance, “D”; and (iv) the land survey division of Eri had the address of C, the title of the circumstance, and the land survey division of Eri had the address of C, the title of the land survey division at the time of preparation of the land survey division.

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