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(영문) 대구지방법원경주지원 2019.04.03 2017가단12564
소유권확인
Text

1. Defendant Republic of Korea confirms that the respective shares of 1/4 of 383 square meters of F Forest land in racing are owned by Defendant B, C, D, and E.

Reasons

1. Facts of recognition;

A. The state of non-registration of F forest land 383 square meters in the racing-si (hereinafter “instant mountain land”) is 383 square meters, and the forest land register is indicated as the situation on October 28, 1912, but the address or date of birth of G is not indicated therein.

B. On January 11, 1937, the network H completed the registration of ownership transfer based on the purchase and sale on January 5, 1937, 1937, 505 square meters (hereinafter “I land”) adjacent to the forest land in the instant case. From around that time, I land and the forest land in the instant case (hereinafter collectively referred to as “each of the instant lands”), and used sublime trees as a single orchard, etc. on the ground.

C. After the death of the deceased H, J, the grandchildren of the deceased, succeeded to the possession of each of the instant lands and used it as orchard. On April 19, 1995, on the I land, the registration of ownership transfer is completed in accordance with the former Act on Special Measures for the Registration, etc. of Real Estate Ownership (Act No. 4502).

On March 25, 2015, the Plaintiff purchased each of the instant lands in a lump sum of KRW 210 million from J. 2015.

On April 9, 2015, the Plaintiff completed the registration of ownership transfer for land I on the ground of the said sale. At that time, the Plaintiff occupied and used each of the instant land after being transferred by J from the occupation of each of the instant land.

E. Meanwhile, on the other hand, on April 20, 1919, the network L, the permanent domicile of which is K, died, and his/her son M, solely succeeded to the network L’s property.

On February 25, 1936, the network M has died and his n (O) solely succeeded to the network M's property.

Since then on April 9, 1937, the network N has died and the network P solely inherited the network N's property.

The network P died on July 8, 2012, and shared inheritance of each of 1/4 shares of Defendant B, C, D, and E’s property of each child.

(B) Of the net P P’s children, Q died on December 20, 1979 without a substitute heir). [Grounds for recognition] The fact that there is no dispute, and that there are evidence Nos. 1 through 9 are included in the number.

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