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1. It is confirmed that the 512 square meters of a cemetery in Kimcheon-si is owned by the Plaintiff.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Basic facts
A. In the Land Survey Book prepared in the Japanese colonial era, C states that “155 square meters for the Gimcheon-gun D grave site” was examined.
The above land was converted into the area, land category change, and administrative district change. The land was changed into the area, land category change, and administrative district.
There is no address of C, the assessment title, in the land investigation book.
B. The old land cadastre is written as E by the owner of the instant land, and is written as F in its land cadastre.
Each land cadastre above does not contain the address of the owner.
C. Upon the Plaintiff’s death on January 28, 1918, H inherited the property as a family heir as a family heir. On August 17, 1950, H inherited the property as a family heir.
According to Article 25(1) of the Addenda of the Civil Act (amended by Act No. 471 of Feb. 22, 1958) and Article 11(1) of the Decree on the Civil and Civil Affairs of Joseon, inheritance commenced prior to the enforcement of the Civil and Civil Act shall be based on custom.
If the head of a family died before the enforcement of the Civil Code, the heritage of the head of a family is customary at the time that the heir of the family succeeds independently.
(See Supreme Court Decision 90Meu2301 delivered on October 30, 1990, etc.). E was changed to I on September 25, 1952.
I died on February 13, 1971 and died on February 13, 1971, and the heir's spouse J, K, L, M, N,O, P was co-inheritors, and the J died on January 15, 1998.
On July 23, 2018, the Plaintiff, K, L, M, N,O, and P agreed on the division of inherited property with the content that the Plaintiff would independently inherit the instant land.
E. The instant land is currently unregistered.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, and 6 (including each number), the purport of the whole pleadings
2. A person who is registered as the owner in the land research division or the forest research division on the cause of the claim shall be considered as the owner of the land unless there is any counter-proof such as the change in the contents of the situation by the adjudication.