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(영문) 서울중앙지방법원 2016.07.20 2014가합46742
소유권확인
Text

1. Of the shares of 1,167 square meters prior to C in Masung-si, 1/2 and 4,721 square meters prior to D are confirmed to be owned by the Plaintiff.

2...

Reasons

1. Basic facts

A. E and F were jointly assessed with 1,167 square meters and 4,721 square meters and 4,721 square meters prior to C in Sungsung-si (hereinafter “each of the instant lands”). When referring to individual land, E and F were specifically identified as the parcel number and were jointly assessed.

B.F died on February 25, 1951 and succeeded to F’s property by G, the son of F. F.

G’s children were A, H, I, J, and K. On April 22, 1976, the I died and jointly succeeded to the property of L, M, which is his children. G died on October 21, 1978, and A, H, L, M, J, and K jointly succeeded to the property of G.

The J died on September 5, 199, and the wife N and P jointly succeeded to the property of J.

C. A, H, L, M, N,O, P, and K reached an agreement on the division of inherited property with respect to each of the shares of each of the instant land of this case, which are the inherited property of the decedent G, around March 2009.

A died on April 27, 2015, and at the time of death, there was a child, who was the inheritor, B, Q, R, S, T, and U. At the time of death, but the heir of the above A agreed to divide the inherited property with respect to the shares of 1/2 of each of the instant land to be inherited solely by B.

E. On November 21, 2002, the head of Suwon District Court publicly announced that “The registration of each land of this case, which was in force at the time of the destruction of the above real estate register, should be completed during the period from November 25, 2002 to March 20, 2003, since part of the real estate register concerning each land of this case was destroyed,” but the registry of each land of this case was destroyed by the permission to destroy the registry of the head of Suwon District Court on March 21, 2003, since there was no application for the registration of restoration within the above period.”

F. The real estate register of each of the instant lands was written in the owner column as at the time of its destruction in the real estate register of each of the instant lands, including “G et al. five persons” and “G et al. seven persons” in the instant land D.

G. On the land cadastre of each of the instant lands, in the name or title column of ownership, “V, other than G, and five persons.”

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