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(영문) 서울중앙지방법원 2019.05.31 2018가단5275515
소유권확인
Text

1. It is confirmed that the previous 770 square meters is owned by the Plaintiff in the city of Won-si.

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

Reasons

1. The parties' assertion

A. The Plaintiff C was the owner of B B, the former 770 square meters (hereinafter “instant land”).

After the death of C around 1964, D, the mother of C, inherited the instant land independently. On October 13, 2015, D’s inheritors, including the Plaintiff, succeeded to the instant land jointly.

Afterwards, D’s inheritors, including the Plaintiff, owned the instant land solely by the Plaintiff following a consultation on division of inherited property with the purport that the Plaintiff would own the instant land independently.

Therefore, the Plaintiff seeks confirmation of ownership of the instant land.

B. According to the land cadastre of the Defendant in this case, the fact that F, who was residing in Jongno-gu, Jongno-gu, 194, finally acquired ownership of the land in this case on May 3, 194 can be known, but it is difficult to recognize F as the same person as C claimed by the Plaintiff. Thus, the Plaintiff’s claim is without merit.

2. Determination as to the cause of action

A. The land in this case is unregistered in the state of whether the final owner of the land in this case and C are the same person as the Plaintiff’s assertion, and the fact that F, on May 3, 194, entered the ownership of the land in this case as the owner who finally acquired ownership on May 3, 194, is not a dispute between the parties.

Furthermore, the following circumstances, which can be seen by integrating the purpose of the entire pleadings in the statements in Gap evidence Nos. 1, 2, 14, and 17, namely, ① the names of F indicated as the final owner in the land cadastre of this case and the names of C, the Plaintiff’s double-presidential system, ② the Plaintiff’s dual-presidential system C’s scientific injury address is indicated as the "ro-gu E," ③ the F was indicated as the domicile of the land cadastre at the time of acquiring the land of this case, and the "Maro-gu," in the land cadastre at the time of acquiring the land of this case, was written as his domicile. C’s high school register register on April 1, 1951.

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