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(영문) 서울중앙지방법원 2019.01.16 2018가단5194951
소유권확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 15, 1913, D, who had a domicile in the “Ciuri”, reported to the owner on October 15, 1913, as to the 916 E in the Gyeonggi-gun Group E (hereinafter “instant land”). Since then D, upon the assessment of the said land, C had acquired the ownership.

After that, around 1930, Fran-gun changed its name into Gran-gun, and around 1972, the “Fran-gun” was incorporated into the “Yju-gun.”

In addition, on October 10, 1980, the assessment land of this case was converted into a unit of area with a square meter, and the cadastral records were restored, and thus, it became “3,028 square meters prior to the Gyeonggi-gun.” On March 1, 1996, the “Yju-gun” changed the name of the administrative district into “Yju-si,” and became “3,028 square meters prior to B in Pakistan-si (hereinafter “instant land”).

On the other hand, the instant land is unregistered and is not known as the registrant on the land cadastre or the forest land register.

B. Meanwhile, the Plaintiff’s fleet I (I, hereinafter “the deceased”) died on November 15, 1919, and due to the death of the deceased on the part of the Defendant, J, South-Nam inherited the family head and independently inherited the property. On March 2, 194, the J also died on the deceased on March 2, 194, K, his/her mother, inherited the family head and independently inherited the property. On April 15, 1949, K died, who was his/her mother, inherited the family head and independently inherited the property.

On the other hand, L died on October 2, 1994, and on July 3, 2018, the inheritor entered into an agreement on the division of inherited property with the land of this case owned solely by the plaintiff.

C. Meanwhile, while residing in the Gyeonggi-gun M, the Plaintiff’s decedent I reported to the owner of “192 N site at the Gyeonggi-gun N site at the Gyeonggi-gun,” and thereafter, the deceased I acquired the ownership of the said land upon the request of the owner.

Meanwhile, at the time of April 1, 1913, an area where the name of the administrative district is “Ori” was divided into three administrative districts when the administrative district is closed on April 1, 1914. The name of each administrative district became “Pri, Qu,” and “R”.

In other words, Qua is part of the previous "O".

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