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(영문) 서울중앙지방법원 2015.03.03 2014가단5124336
소유권확인
Text

1. The part concerning the claim for confirmation of ownership among the instant lawsuit is dismissed.

2. The defendant shall open the annexed list to the plaintiff.

Reasons

1. Facts of recognition;

A. On September 10, 1912, the Ministry of Land Survey of Gyeonggi-gun B, stating that D in Yang-gun C was under assessment on September 10, 1912, and 6,796 of Gyeonggi-gun E Forest land.

B. F forest land of 19,922 square meters is land partitioned into 6,796 square meters in forest E-Gun in Gyeonggi-do, and each land listed in the separate sheet (hereinafter in this case, referred to as the “instant land”) is divided into 19,922 square meters in the above F forest land on November 25, 1959.

C. D A deceased on February 12, 1932, and upon the death of the head of the household, G, as the inheritor of the head of the household, had succeeded to the property as the inheritor of the head of the household, but the head of H, after the head of the G, I succeeded to the succession on March 23, 1952 and became the inheritor of the sole property.

I died on September 23, 2004, and died, the spouse J, the son, the Plaintiff K, and L were co-property successors. On April 2014, 2014, the co-property successors agreed on the division of inherited property to be solely owned by the Plaintiff.

On December 27, 1996, the Defendant completed each registration of ownership preservation in the name of the Defendant, No. 36424, which was received on December 27, 1996, with regard to the land of this case by the Suwon District Court, the Sungwon Branch Registry of the Family Court.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 12, fact inquiry result of this court, purport of whole pleadings

2. Determination

A. We examine the legitimacy of the part of the claim for confirmation of ownership in the lawsuit of this case, ex officio, as to the legitimacy of the part of the claim for confirmation of ownership.

The Plaintiff asserts that the prior owner D had acquired the instant land in original condition, and sought cancellation of each registration of initial ownership in the name of the Defendant as to the instant land from the Defendant. Thus, even though the judgment becomes final and conclusive after the Plaintiff won in the instant case, seeking the confirmation of the Plaintiff’s ownership on the instant land in addition to seeking cancellation of each registration against the Defendant, it is the most effective and appropriate means to confirm the Plaintiff’s ownership on the said land in addition to seeking cancellation of each registration.

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