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(영문) 서울고등법원 2017.06.15 2016나2074850
소유권확인
Text

1. Revocation of the first instance judgment.

2. It is confirmed that each land listed in the separate sheet is owned by the Plaintiff.

3...

Reasons

1. Basic facts

A. 1) The ownership and possession of each of the instant lands are 3,572 square meters prior to subdivision D, Yangju-gun (hereinafter “Before subdivision”).

C) On October 1, 1913, the cadastral record was the same as C, which was divided into the land prior to subdivision, for the land divided into the land prior to subdivision, and 378 square meters.

6. Around 25 War, the owner column was restored to the blank on April 1, 2009, and was divided into each land listed in the separate sheet on May 11, 2009 (hereinafter “each land of this case”).

3) Around May 28, 1951, the Defendant offered approximately 41,377 square meters of the instant land and its neighboring land to USF as “V site.” From around that time, USF used each of the instant land, etc. as “V site,” and returned it to the Defendant on April 13, 2007. On the other hand, around 1971, the Defendant acquired the private land in the instant V site in accordance with the relevant laws and regulations. At the time, each of the instant land was unregistered and was not included in the subject of acquisition.

B. (1) The Plaintiff’s fleet and inheritance relationship, etc. (1) The Plaintiff’s fleet L was residing in the Gansung Nam, and the Plaintiff was moving into the Gansung on December 18, 1916. On the other hand, the Gansung Nam-dong was part of the Gansung Nam-J, and the Gandong was combined with some of the Hhodong, I Dong, and Jdong around September 7, 1922, and the O, the Republic of Korea, died on September 7, 1922, and succeeded solely to the inheritance of the son, the O died without a lineal descendant on April 6, 1939, and Q, the wife succeeded to the sole inheritance of the son.

Q died on October 1, 1957, and the recent family-friendly P succeeded to the sole inheritance.

(A) On November 21, 1998, P died of November 21, 1998. As his children, R, S, T, Plaintiff, and U agreed on the division of inherited property, such as the content of the Plaintiff’s sole inheritance of each of the instant land.

[Ground of Recognition] Unsatisfy, Gap evidence 1 to 7 (including each number), Eul 1 to 1.

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