(영문) 서울중앙지방법원 2017.04.28 2016가단5087554

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(영문) 서울중앙지방법원 2017.04.28 2016가단5087554

소유권확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Land Survey Division for the “Sasan-si Si Population B cemetery 279 square meters” is written in the Land Survey Division for the “Sasan-gun”, and is written in the Forest Survey Division for the “Sasan-gun E forest 600 square meters” as it was written in the Forest Survey Division for the “Sasan-gun F”.

B. The above A.

The area B cemetery 279 square meters was divided into one real estate listed in the attached list due to the division and the change of the name of the administrative district, and the area E 600 square meters was 2 real estate listed in the attached list due to the change of the name of the administrative district.

C. Each of the instant lands is currently unregistered, and the registrant is not indicated in the land cadastre and the forest land cadastre.

[Grounds for Recognition: Evidence No. 1, Evidence No. 3-1, and Evidence No. 4-2, the purport of the whole pleadings]

2. Upon receiving the Plaintiff’s assertion of each of the instant lands, D is the same person as Cho division G of the Plaintiff, after G dies, G’s head H solely inherited his/her own property pursuant to the former Civil Act, and H died, and as the Plaintiff was the sole heir, the Plaintiff sought confirmation that the Plaintiff had ownership over each of the instant lands, which are unregistered land against the Defendant.

3. Determination

(a) Any person who is assessed as a landowner in a land survey project conducted under the Decree on Land Survey during the Japanese Occupation Period as a landowner shall acquire the ownership of the land in question in a primary and creative manner, and the situation shall address the starting point of the land ownership relationship;

In addition, notwithstanding the probability that there has been a significant cause of change in transaction or other legal relations with respect to land for a long time from the land situation to the year of 100, there have been a lot of causes of change in the transaction or other legal relations with respect to land, the former part of our society, and other significant social and economic changes or the trend of use of land, the descendants of the person under the circumstance are once the cause of comprehensive succession of rights,

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