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(영문) 대구고등법원 2017.08.17 2016나25523
소유권확인
Text

1. The part of the judgment of the court of first instance against the plaintiff falling under the following scope of confirmation shall be revoked:

The defendant shall be the defendant B.

Reasons

1. The following facts are either in dispute between the parties or in accordance with the purport of Gap evidence Nos. 1, 2, and 8, and Eul evidence Nos. 1 and 2 (including branch numbers, if not specially indicated; hereinafter the same shall apply) and the whole pleadings, and there is no counter-proof.

On August 20, 1912, the Land Survey Division states that “S” was assessed on August 20, 1912 by the Gu, Si, Gu, Si, B, 1,063 (hereinafter “land”).

According to the land cadastre, on June 20, 1955, the land subject to the land was restored by its land category as a river, and was registered on December 19, 197 by converting the area into 3514 square meters, and on April 13, 2005, the land was divided into 2,407 square meters in the Gu, Nowon-si, B (hereinafter “instant land”) and the owner was written as the above S from the time of the restoration.

As to the land of this case, registration of preservation of ownership has not yet been completed.

B. On October 23, 1920, the Plaintiff’s family registry C died on October 23, 1920, and D, a South-North family registry, inherited his/her own property as a family heir.

D Deceased on October 23, 1960, died on October 23, 1960, and his children E (E, Australia’s heir), F, G, H(ma), I, J, K (ma), and L inherited the property of D in accordance with the statutory share of inheritance.

E Dec. 24, 1984, died on January 24, 1984, and M, the wife of M, the Plaintiff (A, Australia inheritor),O, P, N, Q, women, and R inherited the E’s property according to their statutory shares in inheritance.

C The respective inheritance shares of C in respect of C's inherited property are as shown in the attached Form, and among them, the plaintiff's inheritance shares are 42/460.

2. Judgment on the Defendant’s defense prior to the merits

A. The Defendant’s assertion that the “S” indicated in the Land Survey Book as the name of the assessment title of the land is a clerical error in the Plaintiff’s evidence C, and that part of the instant land divided from the land was inherited to the Plaintiff, and that the Plaintiff seeks confirmation of ownership against the Defendant.

However, the land survey register as well as the land survey register.

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