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(영문) 서울중앙지방법원 2016.11.15 2016가단5120918
소유권확인
Text

1. All of the plaintiffs' lawsuits of this case are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. According to the entry by the Land Survey Board prepared in the Republic of Korea, the Japanese colonial Republic of Korea, the Japanese colonial Republic of Korea, and the Gyeonggi Hongcheon-gun E prior to 849 (hereinafter “instant 1”) and the F prior 902 (hereinafter “instant 2”) stated that the H residing in the Gyeonggi-gun G was under the circumstances of the Gyeonggi-do G on December 23, 1915.

B. The old land ledger also states that H residing in the Gyeonggi-gun G on December 23, 1915, as well as the old land ledger for each of the instant land was under the assessment of H, and that the address of the said H was changed to Gyeonggi-gun I on January 1, 1938.

(c) The certified transcript of K’s permanent domicile in GJ of Gyeonggi-si shall be as follows:

(1) On October 22, 1925, K’s permanent domicile is MM for Gwangju-gun L, and the former Hoju died on October 22, 1925, K succeeded to Australia.

(2) K was born into N in the Republic of Korea of M, and K was married with O and placed in the Republic of South, South, Q, 3 South, R, girls, girls, T, 3 women.

On July 1, 1930, K Co., Ltd. died and the above P succeeded to Australia, and the permanent domicile of the above P was Jongno-gu Seoul Metropolitan Government V.

P As of March 14, 1979, Plaintiff DD 3/10, the wife of P, and the rest of the plaintiffs, respectively, became the heir of the network P's co-property as 2/10 shares.

[Reasons for Recognition: Facts without dispute; Gap evidence 1-2, Gap 2-2, Gap evidence 1-4, Gap evidence 1-4, Gap evidence 5-1 through 4, Gap evidence 5-6, Gap evidence 1-2, Gap evidence 7-1, Gap evidence 7-2, and the purport of whole pleadings]

2. The plaintiffs' assertion

A. (1) The Plaintiffs’ assertion (1) is that H residing in Gyeonggi-gun G, Gyeonggi-do as a title holder of the land of this case 1 and 2, and the Plaintiffs were succeeded to the land of this case 1 and 2 by the said H.

(2) Since the land of this case 1, 2 is currently unregistered, the Plaintiffs, the inheritors of the above H, seek confirmation of ownership against the Defendant.

3. Determination

A. At the discretion of the existence of interest in confirmation, this case’s confirmation request is confirmed.

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