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(영문) 서울중앙지방법원 2016.05.27 2015가단173156
소유권확인
Text

1. It shall be 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. The following facts do not conflict between the parties, or are acknowledged in full view of Gap evidence 1-1-5, Gap evidence 2-1-3, Gap evidence 3, and evidence 4-1 to 5, and the purport of the whole pleadings.

According to the land survey division concerning the Gyeonggi-do-gun B prepared by the Korea Land Survey Bureau for the Joseon-gun, Gyeonggi-do Government, the land survey division for the Joseon-gun, Gyeonggi-do (hereinafter referred to as “the original land of this case”) stated that E who resides in “D” on November 10, 1911 (hereinafter referred to as “D, 44 years old”).

B. (1) The cadastral record on the original land of this case was rejected on the date, and the defendant restored its land cadastre on September 17, 197, and before March 20, 1953, the original land of this case was divided into five parcels, such as the following [Attachment 1], and the land Nos. 2 and 3 on March 20, 1953 was integrated into 1 and 4 on 5 Nos. 5 and entered into the following [Attachment 2].

[Attachment 1] The owner E 84 square meters of F forest in Gyeonggi-gun, Gyeonggi-do, Gyeonggi-do, Gyeonggi-do, 19 square meters of 19 square meters of e.g., Gyeonggi-do, 3 Gyeonggi-do, G forest 19 square meters of H 49 square meters of e.g., the owner E 98 square meters of e., 5-Gu Gyeonggi-gun, Gyeonggi-do, 5 Gyeonggi-do, J. 69 square meters of e., [Attachment 2] of 152 square meters of land non-f., 152 square meters of e.g., Gyeonggi-do, Gyeonggi-do, 152 square meters of F. 2, Gyeonggi-do, 152 square meters of e.g., I forest 797 square meters of e., Gyeonggi-do, 152 square meters of land (hereinafter referred to as “each real estate”).

Article 74 of the Act on Land Survey, Waterway Survey and Cadastral Records provides that each owner of the instant real estate shall be entitled to recover from the landowner in the unregistered state.

C. On May 13, 1948, K, the Plaintiff’s fleet, died, and L, the Republic of Korea, Australia and the inheritance of property.

L is the only one which died on June 12, 1960.

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