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(영문) 대구지방법원경주지원 2017.08.08 2016가단10868
소유권확인 등 청구의 소
Text

1. Defendant Republic of Korea: (a) the ownership of 98/931 shares, out of 49 square meters of R-si 499 square meters, to Defendant H; and (b) the ownership of each of 119/931.

Reasons

1. Facts of recognition;

A. On March 20, 1913, the land cadastre R 499 square meters (hereinafter “instant land”) was unregistered and circumstances were considered to have been corrected in the name of T on June 5, 1916, when it was turned out on March 20, 1913 in the name of the deceased S.

B. The above S is the Si residing in the same Ri, which is the adjoining land location of the instant land, with its permanent domicile located in U.S., and the above T is the deceased of the plaintiffs who resided in the same Ri with their permanent domicile in V.

C. On March 20, 1913, the aforementioned S owned the instant land under its name, and sold it to the said T on June 5, 1916.

As the successors of the above T, the plaintiffs' inheritance shares are as shown in the final inheritance shares in the attached Form 1.

E. On December 15, 1958, the deceased on December 15, 1958, and the deceased on his/her own inheritance of the instant land.

After that, on September 24, 1995, Defendant H, I, J, K, L, L, M, N,O, P, and Q (hereinafter “B money Defendants”) inherited the network W as shown in the successor relation table 2. It succeeded to the instant land in the same proportion as the entry in the final inheritance shares in the share sheet in attached Form 2.

F. Meanwhile, the Plaintiff and the Plaintiff’s mother-friendly X (Death, Sept. 19, 2015) filed a lawsuit seeking confirmation of ownership (hereinafter “prior lawsuit”) against the Defendant Republic of Korea, as the instant court 201Gadan6086, to seek confirmation on the co-ownership of the instant land and the instant land and the instant land with the purport of “15 square meters, Zine, 8 square meters, Zine, 172 square meters, 172 square meters, AAB maintenance, and 724 square meters (hereinafter “instant land and four lots, other than the instant case”) in proportion to the inherited shares.

This Court is recognized that the land of the case and four parcels, other than the case, was in the name of the plaintiffs and X-line T, but the land of this case was in the name of S on March 20, 1913 (2 years in 20 years in 1913), and was changed due to the change of name on June 5, 1916 (5 years in 5 years in 1916). The above revision of name is about the transfer of ownership.

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