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(영문) 창원지방법원진주지원 2020.05.28 2019가단38228
소유권확인
Text

1. 7/12 of the total area of 565 square meters and 7/12 of 565 square meters and 5/12 of the same land shall be owned by Defendant C.

Reasons

1. Basic facts

A. The Plaintiff clan owned 565 square meters (hereinafter “instant land”) from the day before the Japanese colonial rule was set up to the Japanese colonial rule, which was located in the 565 square meters (hereinafter “instant land”).

B. Around 1914, the land condition was implemented pursuant to the Land Survey Ordinance for Nuridong-gun Nuridong-dong-dong-dong-dong-dong-dong-dong-gun. The Plaintiff clan entered into a title trust agreement with I, which is the cause of the clan, and was determined in the name of I.

C. The I died on February 25, 1916, and the J, the South-North of I, succeeded to I's property independently at the same time as the Australia inheritance.

The J died on August 15, 1917, and K, the president of J, succeeded to the property of the J alone at the same time as the family inheritance.

E. K died on August 8, 1953, and L, the president of K, succeeded to the property of K solely with the inheritance of Australia.

F. L died on April 21, 1966.

L’s heir had wife M and South C, and D, and the wife M jointly inherited L’s property at the ratio of 1/6, 3/6, 3/6, and 2/6.

G. M died on March 30, 2017.

M's property is inherited equally by Defendant C and Defendant D. The share of inheritance regarding L's property was 7/12 by Defendant C and 5/12 by Defendant D.

H. The instant land is unregistered, and is written in the land cadastre that I was well examined, but the address of I is not written.

I. At around 1914, the Plaintiff clan expressed its intention to terminate the title trust agreement entered into with Defendant C and Defendant D, the heir of the clan I, and the copy of the complaint stating the Plaintiff clan’s above declaration was served on Defendant C on February 20, 2018, and on February 19, 2018, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 17, Eul evidence No. 1 (including paper numbers), and the result of each fact inquiry about the O pages of this court, the purport of the whole pleadings

2. Determination on the claim against Defendant Republic of Korea

A. Relevant legal principles 1.

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