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(영문) 창원지방법원진주지원 2017.04.04 2016가단5852
소유권확인
Text

1. The defendant confirms that the real estate stated in the separate sheet is owned by the plaintiff.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Basic facts

A. The land cadastre of each real estate listed in the separate sheet (hereinafter “each land of this case”) is registered as the owner who received the transfer of ownership on May 5, 1949. The resident registration number of the owner is indicated as “D” which is the resident registration number of the Plaintiff’s father C, and the address of the owner is not indicated.

B. On April 21, 1985, the Plaintiff’s father C died, and on July 21, 201, the Plaintiff, E, F, G, HI, J, K, and L, a co-inheritors, agreed on the division of inherited property with the effect that the Plaintiff independently succeeds each of the instant land on July 21, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3, 5, purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff asserted that each of the lands of this case belongs to the deceased C's co-ownership, which is the plaintiff's addition, but the defendant refused to register the preservation of ownership in the name of the plaintiff, even though the plaintiff decided to inherit independently according to the agreement on the division of inherited property among the inheritors. Thus, each of the lands of this case

In this regard, the defendant asserted that B and C, the owner of each land of this case and C, the decedent of the plaintiff, are the same person, and thus, the plaintiff's claim is groundless.

B. The following circumstances revealed in light of the aforementioned facts and evidence Nos. 5 through 7, the fact finding about the Jinju-si, the fact finding about the Jinju-si, and the overall purport of the pleadings, namely, the combination between B and the Plaintiff’s father C, who is the title holder on the land cadastre of each of the instant lands, and the permanent domicile of the network C, are “Jinyang-gun M,” and the process of preparation at the time of land cadastre (Article 4 of the Enforcement Rule of the Choyang-si, Article 55 of the Joseon-si Decree, and Article 55 of the Joseon-si Ordinance) are the same as the land owner’s address, so the land owner’s address is omitted.

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