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(영문) 수원지방법원 2020.02.06 2019가단502910
소유권확인
Text

1. Of each real estate listed in the separate sheet, 4/11 shares in the Plaintiff A and 7/11 shares are owned by the Plaintiff B.

Reasons

1. Facts of recognition;

A. Each real estate listed in the separate sheet (hereinafter “each of the instant lands”) is indicated in the land survey book prepared during the Japanese occupation period in the state of non-registration as shown in the separate sheet as D’s address and name column, and each of the owners’ addresses and names column in the previous land cadastre is indicated as “E, D”, and the date and accident column as “assessment on December 25, 44,” respectively.

B. On December 7, 1965, F, the plaintiffs' prior owner of F, who had resided in the Dong-gun of Gyeonggi-do, was deceased on December 7, 1965 and succeeded to the property of H, M, N,O, P, the wife of H (a marriage report around 1947), 3 women J (a marriage report around 1958), the plaintiff A (a marriage report around 1961), 4 women, and K K in South (each inheritance share is 1/11, J 1/11, A 1/11, K 6/11, H2/11), and the above I died on January 4, 1982, and died on December 23, 199, and died of the plaintiff's children, who inherited the property of P, N, N, P, the plaintiff's children of Q 13, who died on February 23, 190.

C. On November 20, 2018 and November 20, 2019, K, Q, M, N, P, S, T, U, R, Plaintiff A and Plaintiff B, who are the successors of the net F, have completed the agreement on inherited property (hereinafter “division of inherited property consultation”) to divide the Plaintiff’s share of 4/11 of the instant land into the Plaintiff’s and the remainder of 7/11 of the 7/10 of the shares as owned by each of the Plaintiff B in succession.

【Reason for Recognition】 Each entry in the evidence 1 through 11 (including branch numbers, if any) and the purport of the whole pleadings

2. Determination

A. A claim for the confirmation of land ownership against the State is unregistered, and there is no registrant in the land cadastre or forest land cadastre or forest land cadastre, or the identity of the registrant is unknown, and there are special circumstances, such as continuing to assert state ownership while denying the ownership of a third party who is a registered titleholder.

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