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(영문) 청주지방법원제천지원 2017.11.29 2017가단1703
토지소유권확인
Text

1. Each 1/4 share of 3,650 square meters in the area of 3,650 square meters before Chungcheong-gun E is confirmed to be owned by the Plaintiffs.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. G with the domicile of the F of the Chungcheongnamyang-gun was registered as a transfer of ownership on the land cadastre on March 17, 1939 with respect to the land of 3,650 square meters (hereinafter “instant land”).

The land of this case is the land on which the preservation of ownership has not been completed.

B. The Plaintiffs’ conciliation division H is the F of the Chungcheongbuk-gun, the permanent domicile of which is the F.

H died on February 15, 1972, and at the time of death, there was wife, J, son, J, son, K, L, M, N,O, P.

P died on August 3, 2002, and at the time of death, Q, R, S, T, and U were their children.

I died on April 6, 2006.

C. On December 19, 2016, J died, and at the time of death, there were the Plaintiffs, who were their children.

on October 31, 2017, K, L, M, N,O, Plaintiffs, Q, R, S, T, and U made an agreement on the division of inherited property with the content that they own 1/4 shares of each of the instant real estates.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 14, 17 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 4, the purport of the whole pleadings

2. Determination as to the plaintiffs' claims

A. The plaintiffs' conciliation division H is the owner of the instant land, and the plaintiffs inherited 1/4 shares of the instant land from H.

Therefore, each of the 1/4 shares in the instant land is sought to confirm that the Plaintiffs owned.

B. The owner of the instant land alleged by the Defendant is G.

The mediation division H of the Plaintiffs is not the owner of the instant land.

C. Determination 1 H’s “owner” column of the land cadastre of this case for which no registration of preservation of ownership was made on whether the land owner of this case is the land owner is indicated G.

Therefore, for H to become the owner of the instant land, H should be recognized as having the same status as H and G.

Therefore, I examine whether H is the same person as G.

Gap evidence 1 through 14, 17, Eul evidence 1 and 4, and the purport of the whole pleadings.

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