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(영문) 서울중앙지방법원 2016.11.22 2016가단91336
소유권확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The land research division drafted during the Japanese occupation point period is written as follows: N residing in Gyeonggi-gun M at the time is described as the assessment of October 1, 191, which was 191,000,000,0000,0000,0000,0000

B. The above O land was divided and became the area of 2,469 square meters in the wife population in Yong-si (hereinafter “instant land”), the area of 4,097 square meters prior to P, and Q 15 square meters prior to Q.

C. On October 1, 1911, the old land cadastre for the instant land is indicated as the owner who was examined at approximately 191 square meters before the wife population in Yong-si on October 1, 191.

On the other hand, a certified copy of the Plaintiff’s expulsion against T, the fleet, is written as Jongno-gu Seoul, U.S., and T became Australia on March 7, 1897. On September 11, 1918, the fact that T was removed from Gyeonggiwon-gunV on September 11, 1918, and the above family register was destroyed by fire on December 13, 1947, and the fact that C, which was re-processed on December 31, 1962, is stated.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 15, purport of the whole pleadings

2. Determination

A. The land of this case asserted by the plaintiffs is unregistered land that was not divided by the foregoing Gyeonggi-gunO, which was initially assessed by the plaintiffs, and since the plaintiffs' inheritance shares of T's property are equal to each share ratio in the separate sheet, the plaintiffs eventually share the land of this case at the above share ratio.

B. A person, who is assessed as a landowner in a land survey project conducted under the Land Survey Order under a given order below, acquires the ownership of the land in question in an original or creative manner, and the situation deals with the starting point of the land ownership relationship.

In addition, even though there is a possibility that there has been a significant cause of change in the transaction of land and other legal relations for a long time from the land situation to the year of 100, there have been a lot of causes of change in the transaction of land, and there have been other significant social and economic changes or the trend of use of land among them, the descendants of the person under the circumstance will be once

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