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(영문) 제주지방법원 2020.08.10 2020가단130
소유권확인의 소
Text

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

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Facts of recognition;

A. On August 30, 1914, B was assessed against B on August 30, 1914 (hereinafter “instant cemetery”) on real estate listed in the attached list (1) of the cemetery circumstances (hereinafter “instant cemetery”) and the state of not having been registered until now.

(2) Within the cemetery of this case, there are graves of E 14 years old GW.

(3) On August 30, 1914, H and I land adjacent to the instant cemetery is a grave land under the circumstances of B residing in the “J”. The Plaintiff’s fleet K was recognized as the same person as B and registered as B with respect to the said land on November 3, 2015, and the registration of ownership preservation was completed in the Plaintiff’s name on December 29, 2015.

B. K’s inheritance relationship (1) The Plaintiff’s family supporting division K has a permanent domicile in “M”, and is 10 years of age among E 19 years of age.

(2) On January 28, 1925, K died, and O, his/her South-Nam inherited Australia. On May 1, 1938, theO died, and P, his/her South-North P, his/her South-North, succeeded to Australia.

(3) On August 16, 1993, P died and succeeded to the Plaintiff’s family. The heir has R, S, Plaintiff, T, U, and V, who is his wife and children. The heir held an agreement on the division of inherited property on May 12, 2020 that the instant cemetery was inherited by the Plaintiff solely.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, and 4 (including paper numbers), and the purport of the whole pleadings

2. The defendant's judgment on the defendant's main defense against the defense against the safety of this case asserts that the cemetery of this case is unlawful as there are no benefits of confirmation, since the cemetery of this case is unregistered land, land and land cadastre owner B, and the cemetery of this case does not fall under special circumstances, such as denying the ownership by the state as to the cemetery of this case.

A claim for the confirmation of land ownership against the State is unregistered and there is no registered titleholder on the land cadastre or the forest land cadastre or the forest land cadastre, or the State is not aware of who the registered titleholder is, and otherwise, shall register or register.

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