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(영문) 서울중앙지방법원 2018.05.03 2017가단66191
소유권확인
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Summary of the plaintiffs' assertion

A. Each land listed in the separate sheet (hereinafter “instant land”) is the land for which H, the decedent of G, was considered as the owner in 1913.

B. He died on May 16, 1919 and succeeded to the property of the Plaintiffs, his wife or children, who died on May 16, 191 and died on May 15, 1942 and succeeded to G. G on September 5, 2005.

C. However, given that the instant land is unregistered and its registered titleholder was not restored on the land cadastre, it is sought confirmation of ownership against the Defendant, the State.

2. Since the plaintiffs' claim for judgment is premised on the premise that H, the prior owner of the plaintiffs, was subject to the assessment of the land of this case, we look at whether H, the plaintiff's prior owner and J, the title of the land of this case, are the same person.

갑 제4호증의4, 갑 제9호증의3의 각 기재에 의하면 이 사건 토지를 사정받은 사람은 경기 장단군(長湍郡) K리에 주소를 둔 J이다.

However, according to the evidence No. 12-1 and No. 2 of the plaintiffs' Ha, the fleetr of the plaintiffs, Ha produced N in South Korea from Lil-gun M in the sports group, and reported birth on August 25, 1901. After which I married withO on November 16, 1921, it is recognized that Ha was divided from Ha's Ha who had the same address in the same place.

In full view of the above facts, it is reasonable to view that the Plaintiff’s fleet H had a domicile in the Gyeonggi-gun M from the date of N’s birth to the date of death, barring any special circumstance, and there is no evidence to deem otherwise that the Plaintiff had a domicile in the Gyeonggi-gun group at the time when the instant land research project was implemented.

3. In conclusion, the evidence submitted by the Plaintiff alone cannot be seen as the same person, which is the Plaintiff’s prior owner of H and the J, which is the land situation of the instant case. Therefore, the Plaintiff’s claim of this case premised on this cannot be seen as the same person.

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