logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.01.17 2010가단435620
소유권확인등
Text

1. All of the plaintiffs' lawsuits against Defendant Republic of Korea are dismissed.

2. Defendant E, F, G, H, I, J, and K.

Reasons

1. Basic facts

A. The land assessment (i.e., Gyeonggi-gun M’s land survey division, and N on May 5, 1912, 1912, 45 years old) stated that N was under the assessment of 172 e.g., Gyeonggi-gun’s O, and N’s address column is blank.

Doll land was cadastrally restored to 569 square meters prior to the Gyeonggi-gun L, Gyeonggi-do L (hereinafter “instant land”). The instant land is currently unregistered.

B. N’s inheritance relation (i.e., Gyeonggi-gun P) died on May 26, 1974 and Q, R, and S inherited N’s property, N’s children.

C. On June 7, 1983, Q succeeded to the property of Q by Defendant E, F, G, H, I, J, and Q. After the death of July 29, 1994, Q Q’s wife succeeded to the property of T, F, G, H, I, J, and K.

C. (i) The Deceased’s occupation and death of the instant land by the deceased A (hereinafter “the deceased”) was cultivated from around July 1977 to July 3, 2013, while cultivating the instant land.

Sheshe died on July 3, 2013 while the instant lawsuit was pending, and the Plaintiffs, their successors, succeeded to the deceased’s property.

【Ground of recognition】 Evidence A, Evidence Nos. 1, 2, and 6, the purport of the whole pleadings

2. The plaintiffs asserts that in order to preserve their right to claim for ownership transfer registration against Defendant E, F, G, H, I, J, and K, Defendant E, F, G, H, I, J, and K seek confirmation of the ownership of the instant land in a state of non-registration against Defendant Republic of Korea in lieu of Defendant E, F, G, H, I, J, and K in proportion to their shares as stated in the separate sheet of inheritance.

As seen below, the plaintiffs' claims for the transfer registration of ownership against E, F, G, H, I, J, and K are not recognized. Therefore, the plaintiffs' claims against the defendant Republic of Korea against the defendant are the requirements for the exercise of subrogation right by subrogation.

arrow