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(영문) 수원지방법원평택지원 2016.03.16 2015가단46176
소유권확인
Text

1. Defendant Republic of Korea confirms that Defendant B owns the land of Pyeongtaek-si C, 654 square meters.

2. The defendant B.

Reasons

1. Facts of recognition;

A. The Forest Survey Division prepared in the Japanese occupation point period is indicated as the fact that the Gyeonggi-do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun

B. The G forest land in Pyeongtaek-gun, Gyeonggi-do was registered as H 6540 square meters on the land cadastre following the change of land category, conversion of the area, etc., and the land was replaced by the I development project implemented by the Korea Rural Community Corporation and became the current Pyeongtaek-si C 654 square meters (hereinafter “instant land”).

C. As the owner of the G land in Pyeongtaek-gun, Gyeonggi-do, which is the previous land of the instant land, “JE” and “K E” as the owner of the H land are written in the land cadastre prepared for each of the above land.

On the other hand, L, which is the evidence of Defendant B, had a permanent domicile in the Gyeonggi-do Authenticity-gunJ, and was living as Australia and died on August 28, 1959.

As a result of the death of August 11, 1956, Defendant B succeeded to all the lost L properties.

E. Around December 30, 1985, the Plaintiff purchased the instant land from Defendant B, and paid the purchase price to Defendant B in 20 Gama.

[Reasons for Recognition] Defendant Republic of Korea: The absence of dispute, Gap evidence 1 through 6 (including each number), Eul evidence 1, 2, and 3, the purport of the whole pleadings, defendant B: Confession

2. Judgment as to the main claim

A. 1) The Plaintiff’s claim as to Defendant B’s claim was concluded on December 30, 1985 with Defendant B to purchase the instant land. As such, the Plaintiff sought implementation of the procedure for the registration of ownership transfer of the instant land to Defendant B. 2) Article 208(3)2 of the Civil Procedure Act (i.e., the judgment based on the Confession) that determined the Plaintiff’s claim as to the instant land.

B. The instant case is recorded in the Forest Survey Board prepared during the Japanese occupation period, giving priority to the determination of the claim against the Defendant’s Republic of Korea as to the same person as the vessel of Defendant B.

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