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(영문) 서울중앙지방법원 2015.08.12 2015가단60953
소유권확인
Text

1. 원주시 G 도로 56m ^{2} 중 각 1/6 지분이 원고들의 소유임을 확인한다.

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

Reasons

1. Facts of recognition;

가. 원주시 G 도로 56m ^{2}(이하 ‘이 사건 토지’라 한다)는 일제강점기의 토지조사령에 따른 토지조사부에 ‘H’에 거주하는 I이 사정받은 것으로 기재되어 있는 강원 원주군 J 답 803평에서 1922. 7. 29. 분할되어 1922. 10. 3. 도로로 지목변경된 토지이다.

B. On the old land cadastre and land cadastre of the instant land and the same mother land divided from H, I had an address in “L” but changed the address into “L” on May 21, 1934.

C. On July 8, 2009, the Defendant considered the instant land as non-real estate and completed the owner registration in its name.

On the other hand, N, the plaintiff's increased portion of N, died on November 13, 1943, and O, the son of N independently inherited N's property.O died on March 15, 1951, and P inherited O's property independently. P died on May 7, 1997, after the plaintiffs who were wife Q and children jointly inherited P's property, Q and Q were deceased, and as a result, they jointly inherited N's property 1/6 shares.

E. On June 24, 1919, the said N’s husband and wife married with S. Around June 24, 1919, the certified transcript of S indicated N’s expulsion as “YUTTT head of Yang-gun.”

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 10 (Additional Number omitted), Eul evidence 1, the purport of the whole pleadings

2. As to the determination of the principal safety defense as to the interest in confirmation, only the name and the previous address of I, who is the title holder of the land land cadastre and the previous address are indicated, and the Plaintiffs cannot prove that the ownership of the land of this case was inherited from I by the land cadastre and a certified copy of the register, etc., and thus, registration of preservation of ownership cannot be conducted by proving ownership of the land

In addition, the identity of the identity of the plaintiffs N and the names of the N and the names of the circumstances.

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