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(영문) 수원지방법원 2018.11.29 2018가단3508
소유권확인
Text

1. The share of 1/37 square meters of 38,876 square meters among 40,066 square meters of forest land in Suwon-si, Suwon-si, Suwon-si, Suwon-si, is equal to the inheritance share ratio indicated in the attached Table.

Reasons

1. Basic facts

A. On July 31, 1935, the ownership transfer registration was completed in order with respect to Fandong-gu, Suwon-si, Suwon-si, Fandong-si, Fandong-gu, 40,066 square meters (hereinafter “instant land”). On April 18, 1940, the joint signature list prepared under Article 147 of the Joint Register No. 4 Book No. 147 was filed around June 25, 199, and the said registry was destroyed on December 31, 1992.

The owner of the current forest land in this case is also the state of unexploited state in the blank.

B. On the other hand, the statement of forest tax on the instant land is indicated as “G and five other persons,” and the 1,190 square meters (one single 2 square meters) out of the land is divided into a reserved forest on September 7, 1936 (Provided, That it appears that no separate lot number is set) and as to the remaining 38,876 square meters (three thousand 38,876 square meters and two 36 square meters) out of the instant land except the above reserved forest on April 18, 1940, the “H and thirty-six other persons” purchased on April 18, 1940 indicated as a new taxpayer, and on the public land list, 37 co-owners, such as H, etc. as co-owners of the above land.

C. As to the instant land, G is indicated as its owner in the protocol of incorporation into a reserved forest drawn up on July 15, 1935.

On the other hand, on September 7, 1936, a local official document was implemented to be enlisted into a reserved forest as an I of the Do governor of the Joseon General Government on September 7, 1936.

H, who is liable for duty payment, died on February 15, 1971, and the Plaintiff and the designated parties inherited the property in the proportion of inheritance shares listed in the attached list.

[Ground of recognition] Facts without dispute, Gap's entries in the evidence of subparagraphs 1 through 8, Gap's evidence of subparagraphs 1 through 8, and the purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff and the designated parties, the heir of H, who are the Plaintiff’s assertion, are in accordance with the respective inheritance share ratio with respect to one-third7 square meters out of 38,876 square meters of the instant land against the Defendant.

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