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(영문) 서울중앙지방법원 2016.01.21 2015가단30648
소유권확인
Text

1. The defendant confirms that the plaintiffs own 1/3 shares of real estate listed in the separate sheet.

2...

Reasons

1. Basic facts

A. According to the Land Survey Book drawn up during the Japanese Occupation Period, the land survey register is registered as the F residing in the same Ri, namely, the 74 square meters (hereinafter “the instant grave site”) and the 104 square meters (hereinafter “the land before the instant subdivision”) located in the same Ri.

B. The instant grave was land No. 1 indicated in the attached list (hereinafter “instant land No. 1”) after the alteration of administrative jurisdiction and conversion of the area into a unit of area. The land before the instant subdivision was divided into land No. 2 following the alteration of administrative jurisdiction and the conversion of the area into a unit of area.

C. G, the Defendant’s prior owner, was living in G with a permanent domicile in the wife population H, the Plaintiff died on April 29, 1947 and succeeded to the property of G, the Republic of Korea, i.e., death on October 24, 1951, and the J succeeded to his property on October 24, 1951. The J succeeded to the property of G.

6. On May 16, 201, after the death of 23.23, K succeeded to its property, and on May 16, 201, K succeeded to the Plaintiffs’ respective shares of 1/3.

The land of this case Nos. 1 and 2 is a state in which the owner’s land cadastre is vacant and unregistered.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 6 (including each number, if any), fact-finding results on the L/C of this court, the purport of the whole pleadings

2. In the absence of counter-proofs, such as the change of the situation by adjudication, a person who has been registered as the owner of the land shall be presumed to have become final and conclusive, and thus, he/she shall obtain the land from the State in the original condition. A claim for confirmation of the ownership of the land against the State is not unregistered, and there is a benefit of confirmation when there is no registered titleholder in the land cadastre or the forest land cadastre, or when

According to the above evidence, G, the plaintiffs' preemptive rights, and F, stated in the land research book, are the same persons.

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