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(영문) 제주지방법원 2018.08.21 2016가단15128
소유권이전등기
Text

1. As to Defendant B’s share of 3/35 square meters in H forest land in Seopopopo-si, Seopo-si, and Defendant C’s share of 17/35 square meters.

Reasons

1. Basic facts

A. On August 16, 1913, the land indicated in paragraph (1) of this case (hereinafter “instant land”) was written as the circumstance occurred in the name of the deceased I on the land cadastre (at least did not indicate a separate address), and on November 24, 2015, the address was written in the land cadastre due to Defendant C’s application for registration of address.

B. On May 29, 1946, the deceased deceased on May 29, 194, and on May 6, 1974, the deceased J, who was the deceased's father's heir, succeeded to the deceased J, Defendant C (the deceased's heir), B, network L, network M (the deceased's wife at the time of the deceased J's death and Defendant B did not have a same family register after marriage) who was the deceased's spouse of the deceased K and the deceased J.

(The network K died on February 20, 1989). The network M died on May 3, 1999, and there is Defendant F and G, the spouse of Defendant E and son.

The deceased L was killed on March 2, 2016, and there was Defendant D, the heir of the deceased.

After the death of the deceased I and the deceased, some of the heirs, such as the deceased L, etc., died, and the Defendants succeeded to the instant land in proportion to the shares stated in the claims.

C. On June 8, 2007, N, the Plaintiff’s birth, applied for issuance of a written confirmation on the instant land pursuant to the former Act on Special Measures for the Registration, etc. of Real Estate Ownership.

The defendant C raised an objection against this, and on November 5, 2007, N and the defendant C dismissed the N's application for the issuance of N's confirmation on the ground that they claim ownership of the instant land. D.

From 2007 to 2015, Seopopo-si served a property tax payment notice on the instant land as Seopo-si, Seopo-si, the Plaintiff’s domicile (the taxpayer stated the network I but the address column as O(A)) and the Plaintiff’s side paid property tax during the pertinent period.

[Ground of recognition] Facts without dispute, Gap evidence 1, 5, 8 (including additional number; hereinafter the same shall apply), Eul evidence 1, 2, and 4.

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