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(영문) 서울중앙지방법원 2020.07.24 2019가합569998
소유권확인
Text

1. It is confirmed that each real estate listed in the attached list is owned by the plaintiff.

2. The litigation costs shall be borne by the defendant.

Reasons

1. Basic facts

가. 일제강점기에 작성된 임야조사서에는 아래 표 기재 2필지 토지(이하 ‘이 사건 사정토지’라고 한다)에 대하여 1918(대정 7년). 6. 20. 경성부 B정(B町)에 주소를 둔 C가 각 사정받은 것으로 기재되어 있고, 위 각 토지는 행정구역 변경, 면적 환산등록 등의 과정을 거쳐 아래 표 ‘현재 지번, 지적’란 기재와 같은 토지(이하 ‘이 사건 각 부동산’이라고 한다)가 되었다.

Paragraph (1) 2 E, 9818m2 E, 9 m2 E, 19736m2, 19736m2, at the time of the occurrence of the situation, the lot number, lot number as at the time of the registration, and 9m2, 9 m2,000,000,000

B. Each of the instant real estates is located within the communist Zone, and cadastral records have been entirely destroyed at the time of the 6.25 incident, and cadastral records have been restored. The current registration of preservation of ownership remains unregistered land, the owner of which has not been restored in the forestry register without completing registration of preservation of ownership.

C. On July 20, 1950, the Plaintiff Dog, who was the son, succeeded to Australia.

The deceased G died on July 2, 1976, and at the time there was the Plaintiff and I, the wife, the Plaintiff and I, the children of the deceased.

The deceased H died on July 1, 1998, and at the time there was the plaintiff and I, who was a child as the property heir.

On September 2019, the Plaintiff and I consulted on the division of inherited property that the Plaintiff independently succeeds to all inherited property due to the death of deceased G and deceased H.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, 4, and 6-1, 2, Gap evidence 3-1 to 3, Gap evidence 7, and the purport of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff’s assertion that the real estate of this case was assessed is the Plaintiff’s increased portion. Since the Plaintiff solely inherited each of the instant real estate through the father (the father G et al.), each of the instant real estate was owned by the Plaintiff, and the Defendant contests this.

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