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(영문) 수원지방법원 2016.01.07 2015가단40513
토지소유권확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Selection B is the spouse of the deceased C (Death on January 10, 1986) and the plaintiff and the remaining designated parties are the deceased's children.

B. D completed the registration of ownership transfer with regard to each of the instant real estate (the land was two parcels, including the original E forest E 13,884 square meters and F forest land 19,835 square meters, which was divided as of April 17, 2015, and became six parcels, as at the present time) as to each of the instant real estate under the title of 1/5 shares on the grounds of sale as of February 5, 1957.

C. At the time of each of the above registrations, D’s address is written as Mosung-gun G. On the other hand, the address of the deceased stated in the removal of the register and the individual resident registration record card is the same as that of the deceased, and on the other hand, it does not appear in the public record that D resided in

H sets out L as the Plaintiff, the Appointor I, and the J in 1906, and the spouse was born in the sick year (Seoul 1916, 1916, 5 years in large scale) as the spouse, and entered as K in 1950, who died in the police officer’s year (1950), which is consistent with the main text of B, the spouse of the deceased spouse who is the spouse in a certified copy of the family register.

E. Since 1999, taxpayers and taxpayers with respect to each of the instant land N in I are the designated persons.

F. O and P, who have resided in G for a long time in the vicinity of G, used the deceased as a registered titleholder D of each real estate of this case, confirmed that the deceased and D are the same person. Q and R, the registered titleholder of each real estate of this case, are the same persons.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 14-2 and the purport of the whole pleadings

2. Determination on the legitimacy of the cause of the instant claim

A. A. The registered titleholder D of the 1/5 share out of each of the instant real estate as the cause of the claim, and the deceased were the same person, and the plaintiff and the designated parties, who are the inheritor of the deceased, inherited the said real estate. As such, 1/5 share out of each of the instant real estate against the State is the plaintiff and the

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