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1. The Plaintiff’s ownership of 1,021 square meters prior to Seo-gu, Seoan-gu, Seoan-gu, Incheon is based on the final share ratio in the attached inheritance shares.
Reasons
1. Facts of recognition;
A. On May 8, 1929, G was registered as an owner on May 8, 1929, in the land cadastre and the forest land cadastre concerning 1,021 square meters (F forest and forest land before registration conversion; hereinafter “instant land”) in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Incheon, as the cause of change, but the address of G is not indicated
B. On September 24, 1939, G, the permanent domicile of which is located in Seoan-gu H, Seoan-gu, Seoan-gu, the Republic of Korea, died on September 24, 1939, and I inherited the property as indicated in the “I’s share in inheritance” column in the attached inheritance shares sheet.
Since then, K died on February 3, 1981, L on October 9, 1985, and the plaintiffs inherited the property as indicated in the "K's share of inheritance" and the "L's share of inheritance."
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 and 5 (including additional number), the purport of the whole pleadings
2. Judgment on the Defendant’s main defense
A. The gist of the defendant's defense is written on the land cadastre of this case, and the defendant does not deny that the land of this case is owned by the owner on the register, so there is no benefit of confirmation.
B. Determination 1) A claim for confirmation of land ownership against the State is not unregistered, and there is no registrant on the land cadastre or the forest land cadastre, or the identity of the registrant is unknown, and there is a benefit of confirmation only when there are special circumstances, such as the State’s refusal of ownership by a third party on the land cadastre, and the State’s refusal of ownership by a third party on the land cadastre, and where part of the address is omitted from the indication of the owner on the land cadastre, the application for registration of ownership preservation by the land cadastre cannot be filed (see, e.g., Supreme Court Decisions 2009Da48633, Oct. 15, 2009; 2018Da24246, May 16, 2019).