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(영문) 창원지방법원진주지원 2019.11.21 2019가단32435
소유권확인
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. As to the instant real estate, each land listed in the separate sheet (hereinafter “instant real estate”)

(2) On June 30, 1952, the owner of the land in this case was restored on June 30, 1952, and C, the address of the Si/Gun B, is the owner.

B. The Plaintiff’s family relationship 1) On July 17, 1959, C, whose main purpose is Gyeong-gun of the Cheong-gun of the Gyeong-nam-do, died. C’s death was earlier than C, and due to which F, the head of C, succeeded to Australia. 2) F, by marriage with G, was married with her head, and Ha-dong H.

G died on July 3, 1968, and F died on August 26, 1984, and H succeeded to F's property.

3) On July 5, 2006, H died. The lineal descendant or spouse did not have any lineal descendant or spouse, and the lineal descendant was deceased as seen above, and there was no sibling. Accordingly, the collateral blood relatives between H and the third degree were inherited the H’s property. F, the father of H, who was the father of H, was the birth of the birth of the birth of the birth of the birth.

However, I died on July 8, 1991, and J died on June 26, 200, and K died on February 8, 2007.

[Ground of recognition] Each entry of Gap evidence Nos. 1-1, 2, 3, 2-5 (including paper numbers), and the purport of the whole pleadings

2. Judgment on the main claim

A. The gist of the Plaintiff’s assertion 1) C acquired ownership based on the assessment of the instant real estate, and F succeeded to the instant real estate after the death of F. After the death of F, H succeeded to the instant real estate, and after the death of H, the Plaintiff and K succeeded to the instant real estate, and the Plaintiff died, thereby becoming the sole owner of the instant real estate. 2) As above, although it is certain that the Plaintiff is the owner of the instant real estate, but it is difficult to register the preservation without being judged as the owner of the instant real estate, and thus, it is sought confirmation of ownership against the Defendant.

B. The Plaintiff 1 is the deceased C.

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