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(영문) 수원지방법원 2021.02.02 2020가단550540
소유권확인
Text

Of the instant lawsuits, the part of the claim for confirmation of common land of K, L, M, N,O, P, Q, R, and S shall be dismissed.

2.Mosi-si.

Reasons

1. Basic facts

A. According to the Ministry of Land, Transport and Maritime Affairs prepared during the Japanese occupation occupation period “U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U.

According to the old land ledger drawn up during the Japanese colonial era, the above land is written as W on November 20, 191, stating that it was received from “(public address disturbance)” on November 20, 191.

B. The land indicated in paragraph (1) became 754 square meters in Tland with the wife population in Yongsan-si through the conversion of the area, change of administrative jurisdiction, etc. (hereinafter “instant land”), and is currently unregistered.

(c)

On January 4, 1933, the plaintiffs' Y, who had their permanent domicile in the wife X, died, and the Z alone succeeded to Australia.

The Z died on June 27, 1954, and the relationship of the Z and the shares in inheritance are as shown in the attached Table 1 Report and the attached Table 2 of the calculation of shares in inheritance.

【Unfounded grounds for recognition】 Facts without dispute, entries in Gap evidence 1 through 25 (including branch numbers, if any) and the purport of the whole pleadings

2. We examine ex officio whether the claim for confirmation of co-ownership of K, L, M, N,O, P, Q, R, and S among the instant lawsuit is lawful, and the co-owner's share is the same as the independent co-owner's share, except for the co-owner's share being restricted at a certain rate by the other co-owners' share, and the co-owner's claim for confirmation of the share of the third party to deny the share and seek confirmation of the share of the other co-owner's share against the third party. Since part of the co-owner's claim for confirmation of the share of the other co-owner's share against the third party is a lawsuit seeking confirmation of the other co-owner's relation

In addition, it is necessary to confirm the ownership relationship of the entire article jointly owned by the third party, but only some of the co-owners can claim the relationship externally.

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