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(영문) 제주지방법원 2017.11.10 2016가단12471
소유권확인
Text

1. Of the instant lawsuit, the part of the claim for the confirmation of ownership with respect to B 264 square meters prior to Jeju-si shall be dismissed.

2. The plaintiff's remainder.

Reasons

1. Basic facts

A. The real estate listed in paragraph (1) of the Attached List No. 1 (hereinafter “instant land”) is considered as C on the land cadastre of September 18, 1913, and the real estate listed in paragraph (2) of the Attached List No. 2 (hereinafter “instant land”) is considered as C on the land cadastre of June 20, 1914.

B. C had son, E was the only child between F and F on June 23, 1958, and the Plaintiff was born on G date as the only child between E and F.

C. C died on July 19, 1928, and upon the death of Australia, E, a family heir, inherited his/her own property, and E died on June 27, 1964.

[In the absence of dispute, Gap 1 to 9]

2. The Plaintiff’s allegation that the land No. 1 of the instant case was inherited by E due to the death of C, and due to the death of E, the Plaintiff and F inherited.

Although the land No. 2 of this case is indicated in the name of D in the land cadastre, it is erroneous that it is the father of the plaintiff.

Therefore, the Plaintiff and F inherited the land No. 2.

F After having given birth to the plaintiff, the F reported the marriage with E, and the date of birth, permanent domicile, etc. of the head of the family after the birth of the plaintiff cannot be known.

However, since F gives birth to the plaintiff, it is clear that F died at the present point in view of the empirical rule.

Therefore, each land of this case is owned by the plaintiff.

3. Determination

A. The claim for confirmation of land ownership against the requesting state with respect to the land No. 1 of this case is an unregistered land and there is no registered titleholder on the land cadastre or the forest land cadastre, or the identity of the registered titleholder is unknown, and there is a benefit of confirmation only in the case of special circumstances, such as the state's refusal of the ownership by a third party who is the registered titleholder and the state continues to

(Supreme Court Decision 2010Da45944 Decided November 11, 2010). In light of the foregoing legal doctrine, the instant land No. 1 is indicated as the owner by C with the address at Jeju H on its land cadastre, and the Defendant’s heir.

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