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(영문) 서울중앙지방법원 2015.12.23 2015가단5170565
소유권확인
Text

1. On December 27, 1996, the Defendant shall receive from the Plaintiffs the Suwon District Court’s Seongbuk-si registry office with respect to the size of 5058 square meters prior to H in Sung-si.

Reasons

1. Judgment on the ground of the plaintiff's claim

A. 1) On February 15, 1918, the Network J was assessed against H 5058 square meters (hereinafter “No. 1”) prior to the time of Ansan-si on February 15, 1918, and was assessed against K 238 square meters on September 25, 1911. Thereafter, the part remaining after the 149 square meters out of the above K’s land belonged to L through the distribution procedure under the former Farmland Reform Act was divided into an I 89 square meters (hereinafter “No. 2”) on June 29, 2005, with an I 89 square meters (hereinafter “No. 2”). After the J died on August 7, 1957, M solely inherited the property of J, and M was deceased on August 23, 2005, and M was jointly inherited by Plaintiffs A, C, D, EF, 2, 172, and 17/17/7.

(M) Although M’s co-inheritors had wife N but he died on December 7, 2014, 3/17’s portion of N’s inheritance 3/17 was inherited by Plaintiff G alone, and the Plaintiffs’ final shares were the same as above) Meanwhile, the Defendant completed the registration of preservation of ownership on the land No. 1 as of December 27, 1996 under the receipt of Suwon District Court Amsung registry Office No. 36431, Dec. 27, 1996, and on the land No. 2, the Defendant was registered as the owner on the land cadastre, but no registration of preservation of ownership has yet been made. [The grounds for recognition: the fact that there was no dispute, the purport of the entire pleadings, and the purport of the entire pleadings.

B. According to the above facts of recognition, since land Nos. 1 and 2 is presumed to have been acquired initially due to the circumstances of the deceased J, the above land is deemed to have been owned by the plaintiffs who inherited the property of J through M, barring special circumstances (it is sufficiently recognized in light of the identity of the permanent domicile and name of the deceased, identity of the deceased, and the timing of existence of the J). Therefore, the defendant is obliged to implement the procedure for registration of cancellation of registration of registration of preservation of ownership of the land of No. 1 to the plaintiffs seeking the exclusion of interference as an act of preservation of the common property. As to the land of No. 2, the plaintiffs are entitled to seek confirmation of ownership of the shares against the defendant who was registered as the land owner on the

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