logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.07.14 2015가단5345
소유권확인
Text

1. The Plaintiff’s share of 9/68 square meters in D Forest 7,438 square meters and E Forest 992 square meters in Jeonnam-gun, Jeonnam-gun, and each of 3/68 square meters is the Plaintiff’s share and 3/68 shares.

Reasons

1. Basic facts

A. Do 7,438 square meters and E 992 square meters (hereinafter “instant land”) are unregistered. The forest land register was written by F on June 13, 1918, and was written by parcel number G on February 20, 1991.

B. The legal domicile of H, the prior domicile of the Plaintiffs, is Jeonnam-gun G, and H and its wife died at the domicile above, and the legal domicile of the Plaintiffs, the legal domicile of H, the legal domicile of their children, such as J, K and L, and H’s grandchildren, are the same as that of the above legal domicile of the Plaintiffs.

C. H and his wife died on April 6, 1975, and his children had J, K, L, M, N, andO.

However, the plaintiff A, who is the head of L, died before the F, was succeeded to the family, and the J, K, andO had already been married at the time of F's death and did not have the same family register.

The plaintiff A, B, C, and Q, who is the wife P and children of L, succeeded to H's property jointly with F's children as the substitute inheritor of L.

P died on June 18, 201. D.

According to the Civil Act at the time H’s death, a family heir’s property heir who is a family head’s heir shall add 50 percent to the inherited portion, and a female’s inherited portion shall be 1/2 of the male’s inherited portion. A female’s inherited portion that is not the same as that of a male’s inherited portion is 1/4 of the male’s inherited portion, and P’s inherited portion was inherited

Therefore, the plaintiffs' statutory inheritance due to H and P's death is 9/68(6/17x 3/8), Plaintiff C and Q respectively 6/68(6/17x 2/8), and Plaintiff B 3/68(6/17x 17/8).

E. The legal domicile of the Plaintiffs’ prior to H is Jeonnam-gun G, and the legal domicile of Plaintiff A on the legal domicile of Plaintiff A is also Jeon Nam-gun G.

F. From November 2005 to September 2014, Plaintiff A paid taxes, such as property tax, on the instant land.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 6 (including paper numbers), the purport of the whole pleadings

2. Determination

A. The address and address of F, the well-known person entered in the forestry register known in the aforementioned evidence and the above-mentioned facts.

arrow