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(영문) 인천지방법원 2016.12.21 2015가단242947
소유권확인
Text

1. As to the Plaintiff’s share of Defendant B with respect to the share of 1/3, and Defendant C with respect to the share of 1/6, from among the land size of 367 square meters in Incheon Strengthening Group.

Reasons

1. Facts of recognition;

A. On May 11, 1914, the network I, which is a protocol of Defendant B, had the network J and the network K as his child under the sleep. However, on May 11, 1914, the Plaintiff transferred the ownership of HJ-367 square meters in Incheon, Incheon, the land not yet registered to the network K (hereinafter “instant real estate”). The ownership of L 1,075 square meters in land adjacent to which the registry exists, M 1,78 square meters in land adjacent to which the registry exists (hereinafter “the instant adjacent land”). The ownership of the instant adjacent land was transferred to the networkJ.

B. The deceased K resided in the instant real estate and moved to the N of Incheon Strengthening Group while residing in around 1918, and died on February 25, 1939.

C. Meanwhile, the Plaintiff, as the spouse of the deceased J, occupied the instant real estate with the deceasedO since the marriage with the deceasedO in around 1959, and occupied the instant real estate by means of lease of an unauthorized building on the instant real estate, removal of the building, etc., and thereafter, possession of the instant real estate to neighboring residents by means of constructing the instant real estate, etc., and bearing local taxes, such as property tax, etc. on the instant real estate.

On October 25, 1980, the NetworkO completed each registration of ownership transfer in accordance with the Act on Special Measures for the Registration of Real Estate concerning the Land adjacent to the instant case. On February 9, 2013, as the networkO died, P, as the Plaintiff, completed the registration of ownership transfer on the said land on May 8, 2013 due to inheritance consultation or division.

E. In the death of the network K, Defendant B succeeded to 1/3 of the ownership of the instant real estate as a child of the network K, and Defendant C succeeded to 1/6 of the ownership of the instant real estate as a foreign grandchild of the network K. Defendant D succeeded to 3/54 of the ownership of the instant real estate as a spouse of the network Q, who is a foreign grandchild of the network K. Defendant E, F, and G succeeded to 2/54 of the ownership of the instant real estate as a child of the net Q, who is the foreign grandchild of the network K.

The household map of the network K is as shown in the attached Table.

[Ground of recognition] Unsatisfy, A(2) through (3)

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