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(영문) 대구지방법원김천지원 2019.11.12 2019가단34103
소유권확인
Text

1. Of 612 square meters in Kimcheon-si C Forest land, 6/8 shares are owned by Plaintiff A, and 1/8 shares are owned by Plaintiff B.

Reasons

1. Basic facts

A. In the Land Survey Book prepared in the Japanese colonial era, D state that “Gecheon-gun E was subject to assessment of the entire 434 square meters.”

The above land was divided, converted into the area, land category change, and change of administrative district into 612 square meters of land in Kimcheon-si, Kimcheon-si (hereinafter referred to as "the instant land").

The land survey division does not contain the address of D, the assessment title.

B. The land cadastre is written as “F” and the registration number column is written as “G” but the address of the owner is not written.

C. As the Plaintiff’s father H died on March 25, 1946, I inherited the property as the family heir by himself. On January 28, 1987, when I died on January 28, 1987, 1/8, and 1/8 of the children and 1/8 of the Plaintiff (the family heir) and the Plaintiff (the family heir) inherited the property at the proportion of 6/8.

The land of this case is currently unregistered.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 6 (including each number), the purport of the whole pleadings

2. Persons registered in the land survey division or the forest survey division shall be presumed to have become final and conclusive in view of the situation as long as there is no reflective evidence such as any change in the content of the situation by the adjudication, and the persons in receipt of the condition of the land shall acquire the land in a timely manner.

(See Supreme Court Decision 98Da13686 delivered on September 8, 1998, etc.). In this case, the following circumstances, which are acknowledged by comprehensively taking into account the following facts: (a) the title holder of the land of this case and the Plaintiff’s first priority holder; (b) the legal domicile of H, the Plaintiff’s first priority holder, is located in the vicinity of the land of this case to Kimcheon-si K (Gu Kimcheon-gun L), the legal domicile of H, the legal domicile of which is the Plaintiff’s first priority, is located in the vicinity of the land of this case; (c) there is no evidence that the Plaintiff’s first priority holder had resided in the same name; and (d) the land of this case had a funeral of the Plaintiff’s Chocheon-gun.

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