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(영문) 창원지방법원진주지원 2020.03.10 2019가단2151
소유권확인
Text

1. It is confirmed that the real estate stated in the separate sheet is owned by the plaintiff.

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

Reasons

1. Facts of recognition;

A. On July 25, 1968, the land which was reclaimed and newly registered on July 25, 1968 and the land owner on the land cadastre is registered as “C”.

Upon completion of the rearrangement of land on April 27, 1993, the said land was replaced with D 1,233 square meters, and the said substituted land was divided into each land listed in the attached Table (hereinafter collectively referred to as “instant land”) on January 25, 2019, and the instant land is unregistered.

B. Meanwhile, the Plaintiff: C’s son died on January 12, 1992 (hereinafter “the deceased”); and on March 25, 2019, the deceased’s heir, including the Plaintiff, made an agreement on the division of inherited property solely owned by the Plaintiff on the land indicated in the attached list.

(hereinafter referred to as “instant agreement on division of inherited property”). 【Ground for recognition” has no dispute, entry of evidence Nos. 1 through 8, and purport of the whole pleadings.

2. Determination

A. Comprehensively taking account of the respective descriptions and the purport of the entire pleadings in the evidence Nos. 1 and 2, it is recognized that the owner of the above land is written only C, and the address or resident registration number of the above land is not written.

B. However, in light of the facts and evidence as seen earlier, the circumstances revealed by the respective entries in Gap evidence Nos. 9 and 10 and the purport of the entire pleadings, and the land and the land cadastre of this case are all indicated as C by the owners. The owners of the above land cadastre C and the deceased, the father of the plaintiff, are the same names and resident numbers, and the plaintiff is cultivating the land in this case by succeeding to the father's possession, etc., it is reasonable to view the deceased as the same person as the land cadastre C and the plaintiff's deceased.

C. The Plaintiff’s sole inheritance of the instant land by the agreement on division of inherited property is identical to that of the Plaintiff, and thus, the instant land is owned by the Plaintiff.

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