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1. Defendant B, Defendant C, and D, respectively, shall be 2/42, F, and G between the Plaintiff and Defendant Republic of Korea, among the 268 square meters in Jeoncheon-si, Jeoncheon-si and the Defendant Republic of Korea.
Reasons
1. Basic facts
A. On September 15, 1960, the land was divided into 547 square meters (1808 square meters), M forest land (2780 square meters), 841 square meters (2780 square meters), 63 square meters (208 square meters), 81 square meters (268 square meters), 42 square meters (268 square meters), 50 square meters (hereinafter “instant land”) and 15 square meters (hereinafter “instant land”), and 18 square meters (60 square meters) as the land under the circumstances on July 30, 1915 by K.
B. K died on August 9, 1942, and P solely inherited family inheritance and property inheritance following the death of K according to the customary law at the time.
P died on April 6, 2015, and accordingly his heir succeeded as follows:
(However, as S had already died before the death of the father, the portion inherited by the deceased S is inherited by succession by succession) - network S 7/421(Defendant 2) - 1/6 of the inheritance - 3/422 of the inheritance - C (Defendant 3) - 1/6 of the inheritance x 2/7 = 2/423(Defendant 4) - 1/6 of the inheritance -6 of the inheritance x 2/7 = 2/423(Defendant 4) - 1/6 of the inheritance - 2/42 of the inheritance - 2/422 of the inheritance = 7/423) G - 7/423 of the inheritance - 7/425) - 1 of the inheritance ? 7/426 of the inheritance = 7/426) - 7/426 of the inheritance
C. The instant land is currently unregistered and its address is not indicated in K in the forest land register.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 16, purport of the whole pleadings
2. Determination
(a) Indication of claims against Defendant B, C, and D: Attached entry of the cause of claims: Article 208(3)2 and Article 150(3)(i) of the Civil Procedure Act (i.e., Supreme Court Decision 200Da15068, Jan. 2, 200);
B. A claim against Defendant Republic of Korea 1) A claim for the confirmation of land ownership against Defendant Republic of Korea is an unregistered land and its registrant is not known on the land cadastre or forest land cadastre, and there is benefit in confirmation only when there are special circumstances, such as denying ownership by a third party who is a registered titleholder, and the State continues to assert ownership (see Supreme Court Decisions 93Da58738, Dec. 2, 1994; 93Da58738, Dec. 2, 1994).