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(영문) 대전지방법원 논산지원 2018.09.20 2018가단20753
소유권확인
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

The key issue of this case: Whether the person in charge of the assessment of each land of this case and the plaintiffs are the same person.

1. The plaintiffs asserted that the plaintiffs succeeded to the ownership of each of the lands of this case, since the title holder of each of the lands of this case is the same as the plaintiffs' fleet G.

As to this, the defendant asserts that the person who is the title holder of each land of this case is not the same person as the plaintiffs' preference.

2. Facts of recognition;

A. On October 3, 1917, each of the lands of this case was assessed by H on October 3, 1917, and the address of the title holder of the said situation was blank.

Each land of this case is currently unregistered.

B. The plaintiffs' prior deceased on July 28, 1950, Australia deceased on March 6, 1988, and the deceased on March 6, 198, and the deceased on May 11, 199, the deceased on May 11, 199 and became the final heir of the plaintiffs who are the remaining children of the deceased I.

C. The legal domicile of the plaintiffs' prior G is K at the time of discussion.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2 (including each number, if any) and the purport of the whole pleadings

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 from an original and creative point of view, and the situation shall address the starting point of the land ownership relationship;

In addition, the probability that there has been a lot of causes for change in the transaction of land and other legal relations for a long period of time near 100 years since the land assessment, and between them, other significant social and economic changes, or the trend of use of land, etc., the descendants of the person under the circumstance may prove, once by the comprehensive cause of succession of the right, the acquisition by succession of the land ownership in which the person under the circumstance was the person under the circumstance, based on the

. such circumstances;

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