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(영문) 서울중앙지방법원 2017.08.23 2017나19455
소유권확인
Text

1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim as to the above cancellation part is dismissed.

Reasons

1. In the first instance court, the Plaintiff filed a claim with the Defendant to verify the ownership of 50 square meters in response to the wife population B and 916 square meters in response to the wife population C. The first instance court accepted the claim for the confirmation of ownership of 50 square meters in response to the wife population B and the claim for confirmation of ownership of 916 square meters in response to the wife population C. The Plaintiff dismissed the claim for confirmation of ownership of 916 square meters in response to the wife population C.

The defendant only appealed against the above cited part, which is subject to the judgment of this court, is limited to the claim for confirmation of ownership of 50 square meters with respect to the wife B 50 square meters as cited above.

2. Basic facts

A. According to the Land Survey Book drawn up during the Japanese Occupation Period, the land survey book is indicated as follows: (a) the address of 50 square meters in response to the wife-population B (hereinafter “instant land”) was the address of Da, the “Gam-gun H” around 1911.

B. The instant land is currently unregistered and is not indicated by the registrant in the land cadastre.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 3 (including paper numbers), the purport of the whole pleadings

3. Determination on the cause of the claim

A. Upon examining the Plaintiff’s assertion, D is the same person as the father’s father E, and F inherited after the death of E, and the Plaintiff becomes a sole heir due to the death of F.

Therefore, the Plaintiff seeks confirmation as to the Plaintiff’s ownership of the instant land against the Defendant.

B. In the land survey project conducted under the Land Survey Order during the Japanese colonial Rule, a person who is considered as a land owner shall acquire the ownership of the land in question in an original and creative manner, and the situation deals with the starting point of the land ownership relationship.

In addition, there is a lot of probability that there was a change in the transaction of land and other legal relations for a long time from the land situation to the year of 100, and there is a significant social and economic change between them.

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