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(영문) 대구지방법원경주지원 2017.11.07 2015가단3436
소유권확인 및 소유권이전등기
Text

1. As to the Plaintiff, Defendant C, E, F, and G with respect to the portion of 3/14 shares in H 793 square meters in racing-si, and Defendant C, E, F, and G, respectively, 2/14.

Reasons

1. Basic facts

A. In the forest register of H 793 square meters of H 793 square meters in racing-si (hereinafter “instant mountain land”), “I” is indicated as being under the circumstances on October 3, 1917.

B. On November 28, 2001, the Plaintiff purchased from Nonparty L the land adjacent to the mountain land in the instant case (hereinafter “J land”) 863 square meters and its ground and 99 square meters (hereinafter “K land”), which are the land adjacent to the mountain land in the instant case, and had been residing in the said housing until now since that time.

C. Defendant B, C, D, E, F, and G (hereinafter “B”) are the deceased M’s successors whose permanent domicile is located in the “J of Sinju-si.”

As the network M (hereinafter “M”) died on May 7, 1948, it succeeded solely to the network M’s property (the “M”)’s property (the “M”)’s loss, such as Defendant C, D, E, F, and G, who were his children, died on June 3, 1979, and succeeded to M’s property as indicated in the calculation sheet of inheritance in the attached sheet of inheritance.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 24 (including branch numbers if there are branch numbers; hereinafter the same shall apply), Eul evidence No. 1, the witness testimony, and the purport of the whole pleadings

2. First of all, whether “M”, the fleet of the remaining Defendants, is “I” under the forest land register in the mountain land register in this case, we examine whether M, the fleet of the remaining Defendants, is I in the forest land register in this case.

The above facts and the above evidences are as follows, namely, ① the name of “I” recorded as a ruling titleholder in the forestry register for the forest land in question of this case and the name of “I” as well as the name of the other Defendants’ preference. ② The permanent domicile of the remaining Defendants’ preference is the “J in Gyeong-si” and is adjacent to the forest land in this case. ③ As a result of the fact inquiry into Q community service center in this court, the name of Dong, other than M, whose permanent domicile is in the “J in Gyeong-si, Sin-si, Sin-si, Sin-si.”

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