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(영문) 대구고등법원 2020.06.11 2019나22464
소유권확인
Text

1. The judgment of the first instance, including the claims modified by this court, shall be modified as follows:

The plaintiff's claim.

Reasons

1. Basic facts

A. The Plaintiff is an organization consisting of the GaG reservoir (the name was changed from the “AH reservoir” in the past) located in 18,661 square meters of AF maintenance 18,66 square meters (hereinafter “instant maintenance”).

B. On March 30, 2018, the instant maintenance was divided into each of the instant real property (hereinafter “instant maintenance”), and all of the instant maintenance was not yet registered.

C. In the land cadastre of the instant maintenance, the land cadastre of the instant maintenance stated that “AE and six other persons,” who have an address in “AIdong,” owned the instant maintenance on the ground of the circumstances dated November 25, 1911, and according to the Plaintiff, there is no land survey book on the maintenance of the instant case (the Plaintiff’s complaint) and the Defendants did not dispute it.

(However, the co-owner's annual list concerning the above "non-party 6" is written as "unrepared", and the plaintiff was written as the owner on April 17, 1995 and appears to have been cancelled on October 12, 1998 (i.e., currently stated "AE and six persons," as the owner of the maintenance of this case). In addition, on September 25, 1929, the land category of the maintenance of this case was changed from the land cadastre of this case to the pond.

On December 194, the Plaintiff applied for the issuance of a registration number for the registration of real estate in order to move the instant maintenance in the name of the Plaintiff, and completed the registration as other organization on December 30, 1994.

E. AE residing in the above AI Dong died on September 5, 1929. The Defendants, other than the Defendant Republic of Korea, and the Defendants indicated in the “name” column in the separate sheet in the separate sheet, i.e., the Defendant’s heir (hereinafter “Defendant’s heir”) were the successors of the above AE, and Defendant AX, AY, AZ, and BA succeeded to the instant lawsuit on April 24, 2018.

As to the fact that the Defendant’s heir is the heir of AE who was considered to maintain the instant case, both the Plaintiff and the Defendants are disputed.

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