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(영문) 서울중앙지방법원 2014.07.18 2014가단6778
소유권확인
Text

1. The defendant confirms that the road B 836 square meters in Suwon-si is owned by the plaintiff.

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

Reasons

1. Facts of recognition;

A. The Land Survey Board of Gyeonggiwon-gun Co., Ltd., 2,854 (hereinafter “Before subdivision”) drafted under the Decree on the Land Survey for the Japanese Occupation Period during the Japanese Occupation Period, indicated that E (E) having an address in Gyeonggiwon-gun, Gyeonggiwon-gun, located in the vicinity was assessed on March 15, 1911.

B. The land before subdivision was subdivided into several parcels, such as Suwon-gun F, G, and H. Among them, H road 253 square meters in Suwon-gun became the land indicated in the order (hereinafter “instant land”) following the conversion of the area unit and the alteration of administrative jurisdiction.

C. At present, the instant land has been pointed out as unregistered land and its land cadastre is registered as an owner.

On December 14, 1993, the Defendant issued a public announcement of non-owned real estate on December 14, 1993, and thereafter made an objection available for public inspection by interested persons, and designated the Ministry of Construction and Transportation under the State Properties Act as the management agency, and

E. On September 24, 1930, the Plaintiff’s evidence E (E) lived with his permanent domicile in Gyeonggiwon-gun, and died on September 24, 1930, and on the death of J, she succeeded to the deceased’s property solely with the family inheritance. After the death of J on December 12, 1945, K, his/her funeral, solely succeeded to the property with the family inheritance. On February 29, 2004, the above K died and jointly succeeded to the property by wife, L, the Plaintiff, and M, who were his/her children, and the co-inheritors jointly succeeded to the property. On December 2013, 2013, the above co-inheritors agreed on the division of inherited property with the content that the Plaintiff independently succeeds to the land of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 and 2 (including each number), the purport of the whole pleadings

2. Determination

A. (1) The judgment on the cause of the claim is based on the purport that the Plaintiff’s title holder of the land in this case and E, the Plaintiff’s additional title holder, are the same and that E, the title holder of the land in this case, are not the same as E, the Plaintiff’s additional title holder, and the Defendant is not the same.

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