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(영문) 서울중앙지방법원 2016.06.29 2016가단10948
소유권확인
Text

1. For each real estate listed in the separate sheet, the shares of the Plaintiff A 40/64, the shares of the Plaintiff B and C 9/64, and the shares of the Plaintiff D 6/64.

Reasons

1. According to the Land Survey Ordinance enforced during the Japanese Occupation Period, each of the real estate listed in the separate sheet (the name of the administrative district at the time was "K-gun E," but the name of the administrative district at the time was "K-gun E," hereinafter referred to as "each of the land at the time") is registered as being under the circumstances of F.

Shell F died on February 19, 1917 as the plaintiffs' preference and died on March 6, 1945, G that solely succeeded to the property of H was inherited by the head of H on his own. He died on September 6, 1984 and thereafter on September 6, 1984 and jointly succeeded to the property of H at the rate of 1.5: 1.5, and I died on June 22, 1988 and jointly succeeded to the property of H in proportion to the proportion of 1:5:1.

Referencely, each land of this case is currently located in the DMZ, and the entry of civilians is prohibited, and the register and the cadastral record related thereto were also destroyed through the Korean War, etc. on October 10, 1980, and the owner’s column was restored to the respective forest land register without any disturbance.

[Ground for Recognition: Facts without dispute, entry of Gap1 to 12 evidence (including partial number of evidence), the purport of the whole pleadings]

2. In full view of the following circumstances acknowledged by the foregoing evidence, namely, the fact-finding names of each of the lands of this case and the fact that each one is identical to the deceased deceased F, the above fact-finding funeral, and the fact-finding funeral, which are recorded as the Gyeonggi-gun group E. The legal domicile of H, the head of the Dong G, is K of the Gyeonggi-gun group, and other special circumstances to deem that the above fact-finding is the person who resided in the same Ri as the deceased F. In full view of the fact-finding’s legal domicile, the fact-finding and the fact that the above fact-finding did not seem to be the same person.

Therefore, the deceased F acquired the ownership of each of the instant lands on the original condition, and thereafter the deceased, G, H, I, etc. died in order.

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