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(영문) 대전지방법원 2019.12.12 2019나105748
소유권확인
Text

1. Revocation of the first instance judgment.

The plaintiffs' real estate indicated in attached Form 1 shall be listed in attached Form 2.

Reasons

1. Basic facts

A. The real estate indicated in the attachment No. 1 (hereinafter “instant real estate”) is unregistered land. On May 1, 1955, the date of change in the forest land register for cadastral restoration indicated as “L” as “the owner’s restoration, “Y” in the owner’s address column, and “L” in the owner’s name column.

B. On April 19, 1944, the plaintiffs' vessel Ma (mainly, Daejeon U.S.) died, and the Republic of Korea N solely inherited at the time.

N died on May 10, 1968, and his heir died on May 10, 1968, and there was Plaintiff J, Plaintiff K,O, and Plaintiff P ( females within the same family register at the time of the commencement of the inheritance) who were their children, and there was Plaintiff I, who was a child of U, who died on January 8, 1965, of Q, who was the wife of Q who died on January 8, 1965, Plaintiff A ( females within the same family register at the time of the commencement of the inheritance), Plaintiff B, Plaintiff S ( females within the same family register at the time of the commencement of the inheritance), Plaintiff T, and Q, and Plaintiff I.

On the other hand, R died on November 11, 1978, and there was a plaintiff A (a woman who does not have the same family register at the time of commencement of inheritance), plaintiff B, plaintiff S (a woman who does not have the same family register at the time of commencement of inheritance), and plaintiff T.

In addition, the O died on April 30, 1988, and the heir was the plaintiff C, the child, the plaintiff D(O's family heir), the plaintiff D(O's family heir), the plaintiff E, the plaintiff F, the plaintiff G, and the plaintiff H.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 24, purport of the whole pleadings

2. Determination

A. The claim for confirmation of land ownership against the benefit country of confirmation is not the land but the land is unregistered and the registrant is not known on the land cadastre or forest land cadastre, and there is benefit in confirmation only when the State denies the ownership of a third party who is the titleholder of the registration or registration and there are special circumstances, such as continuing to claim state ownership.

Supreme Court Decision 2009Da48633 Decided October 15, 2009 and Supreme Court Decision 2009Da48633 Decided October 15.

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