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(영문) 인천지방법원 2008.4.18.선고 2007가단74460 판결
소유권확인
Cases

207 Ghana 74460 Confirmation of Ownership

Plaintiff

○ ○

Attorney Lee Do-young

Defendant

1. Kim○-○

2. Hyo; and

3. Hy○○.

4. The depth00; and

5. Dried ○○.

Conclusion of Pleadings

April 4, 2008

Imposition of Judgment

April 18, 2008

Text

1. It is confirmed that the real estate listed in the separate sheet is owned by the Plaintiff.

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

This is the same as the order of the claim.

Reasons

1. Basic facts

A. The Defendants are the wife or children of Nonparty 1, and ○○ died on April 20, 1992. The deceased ○○ was the heir of the deceased ○○, and there was ○○ as the Defendants and her children.

On the other hand, ○○ died of 2001, 10, and 10. B. A building listed in the attached list (hereinafter “instant building”) was unregistered and constructed around October 7, 1992 by the Plaintiff as a building for which 5.6/15.4 shares in the Incheon Dong-gu, Incheon, which is the site of the instant building, were owned by ○○○○○○○, and its name was registered in the building register of the Plaintiff and ○○○○○○○○○○, jointly with the Plaintiff at the time of applying for a building permit and approval for use. Around June 14, 2004, the Plaintiff acquired from the heir of ○○○○○○○○○○○, the shares in the Dong-gu in the name of the Plaintiff solely and completed the registration of ownership transfer.

[Grounds for recognition] Evidence Nos. 1 through 13, the purport of the whole pleadings

2. Determination

A. As to the judgment of confession against Defendant 1, 100, 100, 200 (Article 208(3)2 of the Civil Procedure Act)

B. According to the above facts as to Defendant Kim 00 and ○○○, the instant building is a building newly constructed by the Plaintiff, and thus, it is deemed as the Plaintiff’s sole ownership. As long as the Defendants are disputing the Plaintiff’s ownership, it is deemed that there exists a benefit of confirmation.

3. Conclusion

Therefore, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition by admitting it.

Judges

Attached Form

The list of real estate in Incheon Dong-gu*********** living facilities for red-ground reinforced concrete, red-proof and neighborhood living facilities, multi-family housing (four households), 35.56m multi-story (retail stores) 1st 34.56m (self-house) 370.2m2m(self-house)-story 70.2m2m(self-house) of each floor.

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