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(영문) 대구지방법원김천지원 2016.10.12 2016가단31059
소유권확인
Text

1. The part of the instant lawsuit that claims confirmation of shares C owned by C shall be dismissed.

2. 7/20. 7/20. of 2,421 square meters of forests and fields D in Kimcheon-si.

Reasons

1. Facts of recognition;

A. 1) The forest survey report includes the statement, etc. in the forest survey report, stating that “F” having an address in “E” was subject to assessment of 2,479 square meters in D forest land in Kimcheon-si prior to the division. 2) The land prior to the division was cadastral restoration on March 31, 1952, and on May 3, 1994, G forest land was divided into 58 square meters in G forest land.

3) The instant forest land is 2,421m2 (hereinafter “instant forest”) in Kimcheon-si, Kimcheon-si.

4) The proprietor’s column for the old forest register and the present forest register with respect to the instant forest is only indicated “F” but does not include address, resident registration number, date of birth, etc.

5) The copy of the net F’s removed copy is indicated as “YYAH” in the permanent domicile. B. 1) The networkF died on March 4, 1954, and the network I inherited the property as the head of Si/Gun’s heir.

2) On June 10, 1965, the deceased on June 10, 1965, and the deceased’s wife, and his wife, and C, his wife, who is the family heir, succeeded to the deceased’s property according to the legal share of inheritance. 3) The deceased on January 29, 1984, and his children, K, and C, his wife, inherited the deceased’s property according to the legal share of inheritance.

4) On August 18, 2012, the deceased on August 18, 2012, and the plaintiffs, who were their children, inherited the property of the deceased K in accordance with their statutory shares in inheritance. [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1 through 3, and 6 (each statement, including each number, and the purport of the whole pleadings.

2. The plaintiffs are also seeking the confirmation of ownership of shares owned C among the forest land of this case as to the validity of the claim for confirmation of shares held by C among the lawsuit of this case. We examine the legitimacy of the lawsuit of this part ex officio.

The shares of co-owners shall be the same as the independent ownership, except for the shares of other co-owners who are subject to limitations at a certain ratio, and the co-owners shall demand the confirmation of their shares by claiming their own shares to the third party who denies their shares.

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