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(영문) 수원지방법원 2019.03.06 2018가단2079
소유권확인
Text

1. The share of 1/37 square meters of 38,876 square meters among 40,066 square meters of forest land in Suwon-si, Suwon-si, Suwon-si, Suwon-si, is equal to the inheritance share ratio indicated in the attached Table.

Reasons

1. Basic facts

A. On July 31, 1935, the ownership transfer registration was successively completed in the name of “G et al. al., 5,” and on April 18, 1940, in the name of “H et al., 37,” with respect to the above registration, the joint seal list prepared in the book No. 497, book No. 147 of the joint seal list was destroyed around the Korean War, and the above registration was destroyed on December 31, 1992.

The owner of the current forest land in this case is also the state of unexploited state in the blank.

B. On the other hand, the statement of forest tax on the instant land is indicated as “G and five other persons,” and the 1,190 square meters (one single 2 square meters) out of the land is divided into a reserved forest on September 7, 1936 (Provided, That it appears that no separate lot number is set) and as to the remaining 38,876 square meters (three thousand 38,876 square meters and two 36 square meters) out of the instant land except the above reserved forest on April 18, 1940, the “H and thirty-six other persons” purchased on April 18, 1940 indicated as a new taxpayer, and on the public land list, 37 co-owners, such as H, etc. as co-owners of the above land.

C. As to the instant land, G is indicated as its owner in the protocol of incorporation into a reserved forest drawn up on July 15, 1935.

On the other hand, on September 7, 1936, a local official document was implemented to be enlisted into a reserved forest as an I of the Do governor of the Joseon General Government on September 7, 1936 with regard to the first class 2 official document among the land in this case.

H, who was liable for duty payment, died on December 19, 1970, and the Plaintiff (designated parties, hereinafter “Plaintiff”) and the designated parties inherited the property in proportion to the inheritance shares listed in the attached list.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 8, Gap's evidence 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff and the designated parties, the heir of H, who are the Plaintiff’s assertion, share 1/37 out of 38,876 square meters of the instant land against the Defendant.

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