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(영문) 청주지방법원충주지원 2015.07.08 2014가단7875
소유권확인
Text

1. Each real estate listed in the separate sheet is jointly owned by the plaintiffs according to the share ratio of one half each.

Reasons

1. Facts of recognition;

A. Each real estate listed in the separate sheet is registered as a transfer of ownership to D on August 20, 1913, upon the assessment of C on June 10, 1912 as unregistered land and its land cadastre, but there is no resident registration number or domicile of the above holders.

B. The plaintiffs' parts are E, E, and C are parts of D, C are parts of D, D and C are all registered as deceased while residing in the Chungcheongnambuk-gun F, the real estate location of each real estate listed in the separate sheet.

C. The plaintiffs' conciliation division D owned a large number of farmland and scam were owned and scamed in the Y G G group in Chungcheongbuk-gun, but D died on November 25, 1955 and succeeded to E’s property solely, and upon the death of E, the plaintiffs inherited 1/2 of E’s property.

[Ground of recognition] A without dispute, entry of Gap evidence 1 to 13 (including each number, if any), witness H's testimony, the purport of the whole pleadings

2. Each land listed in the separate sheet on the determination of this safety defense is unregistered, and since no resident registration number or address of a title holder on the land cadastre is indicated, it is difficult to determine who the title holder on the register alone is a registered titleholder. Thus, the plaintiffs claiming that they are successors of each of the above lands have a benefit to seek confirmation of ownership against the defendant

(see, e.g., Supreme Court Decisions 92Da24899, Sept. 14, 1993; 2009Da48633, Oct. 15, 2009; 99Da34390, Jul. 10, 2001). Therefore, the Defendant’s principal safety defense that the instant lawsuit is unlawful as it has no benefit from confirmation, is without merit.

3. In light of the above recognition facts as to the cause of the claim, it is reasonable to view that the title C, D, and plaintiffs' evidence C, and evidence C are the same person.

All of the two persons were the same to Chinese name, and both of them were shot-gun F, Chungcheong-gun, Chungcheong-gun, where the land is located, and unlike others, have the same name as these in this area.

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