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(영문) 대구지방법원김천지원 2016.08.11 2016가단30490
소유권확인
Text

1. The defendant confirms that the plaintiffs own 1/6 shares of G forest G 2430 square meters in Kimcheon-si, respectively.

2...

Reasons

The land cadastre in the text is written as H was examined on November 11, 1911, and the address of H is not written.

(A) The Land Survey Division of Kimcheon-gun is also subject to H’s assessment.

(1) On November 20, 2003, H, whose permanent domicile was in the Gyeongcheon-gun Kim Jong-doJ, died in around 1943, and succeeded to the property solely by the head of family, who is the heir of Australia, as a result of the death of the family on November 20, 2003 and jointly inherited the property by the plaintiff A, B, C, D, E, and F, who are their children.

(A4) From October 20, 1968 when the first resident registration book was prepared, Plaintiff C had been residing in Gyeong-gun L in Gyeong-gun (A5), I residents (M, N,O, P, and Q). According to the statements made by Plaintiff C, the land indicated in the order has been managed by Plaintiff C as a preemptive cemetery.

(A6) According to the results of the inquiry into the RR, I does not have the name of H or S.

Thus, H, the owner of land cadastre, is the same person as H, which is the evidence register of the plaintiffs, and as long as the defendant does not add the address of H, which is the evidence register of the plaintiffs, to the owner's land cadastre, the plaintiffs cannot complete the registration of ownership, and there is a benefit to confirm this by a judgment against the defendant.

Therefore, the plaintiffs' claims shall be accepted, but in the case of the defendant, the costs of the lawsuit shall be assessed against each party in consideration of the necessity of the plaintiffs, even though the defendant is not a real party to the lawsuit. It is so decided as per Disposition.

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