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(영문) 의정부지방법원 2015.09.25 2015나53330
소유권확인
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On August 9, 1957, E completed a restoration registration with respect to the land of this case on a scale of 165 square meters (hereinafter “instant land”). The land cadastre for the instant land was restored on March 31, 1965, and the said land does not exist in the cadastral map.

B. On January 10, 1986, F, the father of the Plaintiff, completed the registration of ownership transfer for the land of this case on November 15, 1960. On November 1, 2002, the Plaintiff completed the registration of ownership transfer for the land of this case on October 31, 2002.

[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, 4, and Eul's 2 (including Serial number; hereinafter the same shall apply), the purport of the whole pleadings and arguments

2. The gist of the Plaintiff’s assertion is that the instant land is divided into a 476 square meters away from the 476 square meters away from the Macheon-si B grave site, and that is, in sequence, connected to each point of the attached Form 1, 2, 4, 5, 7, and 1 possessed by the Plaintiff, falls under the “part 165 square meters” (hereinafter “the part in possession of the instant land”) and thus, the Plaintiff seeks confirmation against the Defendant that the part in possession of the instant land is owned by the Plaintiff as the same land as the instant

3. The mere descriptions of evidence Nos. 1, 2, and 4 are insufficient to recognize that the occupied part of this case is the same land as the land of this case registered as owned by the plaintiff, and there is no other evidence to acknowledge it.

Rather, the following circumstances acknowledged by the purport of evidence Nos. 3 and 1 and 2 as well as the entire pleadings, namely, the land survey register of Gyeonggi-gun G G, G, Gocheon-gun, Gocheon-si, Gocheon-si, Gocheon-si, Gocheon-si, Gocheon-si, Gocheon-si, Gocheon-si, entered the area of B grave at 144 square meters, and the old land cadastre was entered at 144 square meters, and ② the land of this case was restored by E’s restoration registration and its land cadastre was restored.

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