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(영문) 대구지방법원김천지원 2016.08.24 2015가단33317
소유권확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 23, 1920, the Plaintiff’s inheritance of the family head’s property as the family heir after death around October 23, 1920.

B. The deceased on October 23, 1960 died, and his children succeeded to the deceased’s property in accordance with the legal share of inheritance, such as deceased E, son F, G, H(ma), his/her father’s father’s father’s children, I, J, K, and L.

C. The deceased on January 24, 1984. The deceased on January 24, 1984, his heir has M, Ma who is his father, son, son, son, son, son, son and woman, the plaintiff who is the family heir, son, P, son and son, and R.

The land cadastre concerning B river B, 3,514 square meters (hereinafter referred to as “instant land”) before subdivision is indicated as the owner.

E. The land survey division prepared during the Japanese occupation period is indicated as the assessment of the instant land.

In the old land cadastre concerning the instant land, “S” is registered as an owner.

[Based on recognition] Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, and 1, and 2, the fact inquiry results of the old U.S. market on April 12, 2016, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion 1) Since S, who was examined in the Land Survey Division, is the same as C, who is the Plaintiff’s fleet, as a clerical error in C, which is the Plaintiff’s fleet, the land in this case is presumed to be owned by C, who is the Plaintiff, and the Plaintiff succeeded to the above C, the Plaintiff asserts that the Plaintiff has the ownership to the land in this case. (2) The Plaintiff asserts that since January 24, 1984, his father, who was his father, commenced possession of the land in this case and completed the acquisition by prescription on January 23, 2004 at the expiration of 20 years from the commencement of possession of the land in this case, the ownership to

B. Judgment 1

A. As to the assertion 1, a person who is assessed as a landowner in a land survey project conducted under the Land Survey Order under certain conditions shall own the land in question.

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