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(영문) 창원지방법원밀양지원 2020.08.26 2019가단14334
소유권말소등기
Text

1. The part concerning the claim for confirmation of ownership among the instant lawsuit is dismissed.

2. The defendant is listed in the annexed Table 1 list to the plaintiffs.

Reasons

1. Basic facts

A. On September 30, 1912, F entered the former land ledger in the land ledger, where: (a) the land indicated in attached Table 1, 2,142 square meters (hereinafter “instant land”) of the E cemetery E, Gyeong-gun, Sin-gun, Sin-do; (b) the F’s address is not recorded in the former land ledger.

B. On September 28, 1938, the Plaintiffs’ Preferred to the Ha, who resided in Gyeongnam-si G, died on the part of September 28, 1938, and the Ha succeeded to the property solely by the Ha Nam-nam J on the part of August 19, 1954. On November 26, 1976, the J died and jointly succeeded to the property of the Plaintiff A, C, and D, who is the Head of Ha, the Plaintiff A, C, and D, the Republic of Korea, and the 1:3:2. On the part of the Ha, the Ha died on the part of October 6, 2008, while the Ha succeeded to the shares of Ha, the Plaintiffs jointly succeeded to the property of Ha, such as the indication of shares in the attached list No. 2.

C. On February 18, 1959, the Defendant completed the registration of preservation of ownership (hereinafter “registration of preservation of ownership”) by No. 458, which was received on February 18, 1959 from the Changwon District Court.

At present, on the ground of the instant land, a grave of the Plaintiffs, including H, is located in six areas.

[Ground of Recognition] Facts without dispute, Gap 1 through 8 (including each number), Eul 1, and the purport of the whole pleadings

2. The Plaintiff’s assertion is primarily the same person F and H, a title holder of the land of this case, and thus, the Plaintiff asserts that the land of this case is owned by the Plaintiff, who is a successor of the title holder, and sought confirmation of the Plaintiff’s ownership of the land of this case and cancellation of the registration of ownership preservation under the name of the Defendant, and preliminaryly seek implementation of the registration procedure for ownership transfer based on the prescriptive acquisition of the land of this case.

3. A claim for confirmation of ownership of a parcel of land against the country that judged the legitimacy of the claim for confirmation of ownership is unregistered. There is no registered titleholder or a registered titleholder on the land cadastre or forest land cadastre.

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