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(영문) 대구지방법원김천지원 2019.04.16 2017가단34451
소유권확인
Text

1. Defendant Republic of Korea shall be the Plaintiff, Defendant B, C, D, E, and F’s share calculation sheet in attached Form 298 square meters in Gumi-si, Gumi-si.

Reasons

1. Basic facts

A. In the land survey division prepared during the Japanese occupation period, H is written into the land survey division that was 90 square meters in G G G in the Gu, Si, U.S. and 298 square meters in size (hereinafter “instant land”).

B. The land cadastre of this case, which was restored to the Korean War, was registered as “J” by the owner of the instant land, and thereafter entered as “K” by the owner of the instant land.

Since then, the owner of the instant land was entered as “L” and corrected to “M”.

C. As a result of the death on June 20, 1968 by anO (hereinafter “the deceased”) whose permanent domicile was located in the NN of the Gyeongbuk-gun, the deceased jointly succeeded to the rights and obligations of the deceased’s property by wife P and his father Q Q, and on January 8, 1945, by the wife S and his children, the Plaintiff and the Defendant C, who were children, and the P died on April 3, 1973.

Q died on December 15, 197, and Q has jointly succeeded to the rights and duties of Q’s property rights and duties to children.

Ultimately, the rights and obligations of the deceased were succeeded to the plaintiff and the defendant C, B, D, E, and F in the same proportion as the attached inheritance share sheet.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 6 (including the serial number), the purport of the whole pleadings

2. Judgment on the main claim

A. Defendant Republic of Korea’s judgment on the part concerning Defendant Republic of Korea’s claim for confirmation of ownership prior to the merits of the first lawsuit cannot be deemed as unclear to the registrant on the land cadastre of the instant land. Therefore, there is no benefit to seek confirmation of ownership of the instant land against Defendant Republic of Korea.

According to Article 65 of the Registration of Real Estate Act, a person who proves that he/she or his/her predecessor has been registered as an owner in the land cadastre or forest land cadastre by a certified copy of the land cadastre or forest land cadastre may apply for

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