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(영문) 수원지방법원 2016.01.28 2015가단124183
소유권확인
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 19, 1969, I completed the registration of initial ownership with respect to J 16, J 16, 3rd 9, J 16, and completed the registration of initial ownership on March 23, 1970 and divided the above land into 8, 7, 8, 3rd 6, 3rd 5, L2nd 5, and the J completed the registration of initial ownership on May 1, 1970 to the Osan Tourism Co., Ltd., Ltd., L L on May 1, 1970, and K (hereinafter “K”) to the Plaintiff on August 3, 197, as the Plaintiff on July 9, 1972.

B. On February 27, 2007, the Defendant newly registered the 1,277 square meters of forest land B (hereinafter “instant land”) in Sungsung-si, and registered the Defendant as the owner on September 7, 2012.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 9 (including branch numbers), the purport of the whole pleadings

2. The plaintiff's assertion

A. Only after the division of J, K, and L land into the forestry map, the boundary mark of the instant land is indicated in the forestry map. Since the instant land is located within K where the Plaintiff acquired ownership in the forestry map, the instant land is included in K where the Plaintiff acquired ownership.

In addition, even if the boundary indication in the forestry map of the instant land was made before the division as above, it shall be deemed that the instant land was part of J, and in light of its location, it is reasonable to deem that the instant land was part of K’s land that acquired the Plaintiff’s ownership.

Therefore, we seek confirmation against the defendant who is registered as the owner on the land cadastre that the land ownership of this case was owned by the plaintiff.

B. Even if the instant land is not included in K but left as part of J, which was the land before subdivision, as the heir, due to the death of I, the Plaintiff, C, D, E, F, G, and H were inherited according to the attached inheritance share sheet. Therefore, the Plaintiff, C, E, F, G, and H’s ownership of each inherited share among the instant land is sought to be confirmed.

3. The defendant's judgment on the defense prior to the merits is based on the country.

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