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서울중앙지방법원 2017.04.13 2016가단5122662
소유권확인
Text

1. Of each real estate listed in the table 1 through 5 attached hereto, 52/792 shares are owned by the Plaintiff.

Reasons

1. On July 6, 2016, the Plaintiff filed a complaint for interim confirmation, but did not state the complaint, and made a statement that the lawsuit be withdrawn on October 13, 2016, and the lawsuit was withdrawn on October 2, 2016.

[Defendant, in the preparatory document dated September 7, 2016, only asserted that “the fact-finding confirmation is sought, and unlawful as it fails to meet the requirements,” as to this part of the lawsuit, and did not bring an action on the merits, the lawsuit was withdrawn regardless of the consent to withdraw the lawsuit on October 19, 2016 (see Supreme Court Decision 2009Meu1861, 1878, Jul. 22, 2010). Meanwhile, even though the Defendant submitted a written consent to withdraw the lawsuit, it did not dispute the validity of the termination of the lawsuit due to the withdrawal of the lawsuit, and there was no fact that the court conducted a trial after the withdrawal of the lawsuit, and thus does not separately declare the termination of the lawsuit.”

2. Determination on the lawsuit for confirmation of ownership

A. At the time of land investigation under the Land Investigation Order made during the Japanese Occupation Period, E, who had an address in the “Seong-gun D” on May 22, 1913 (2 years 197, 2000, 2000, 2000, 2000, 2000,000,000,000,000,000,000,000,000,000,000,000,00,000,00

The Plaintiff’s line E was a person who succeeded to Australia, and whose original name was “E”. On May 9, 1913, the name was corrected to “G” on the family register.

⑶ 원고의 선대 G는 본적을 ‘서울 종로구 H 1946년 O정(O町)에서 O동으로 변경 ’에 두었었는데, 1910년(단기 4243년) 5월 18일 ‘경성부 서부 I’로부터 ‘경성부 서부 J’로 이거하였고, 1911년 4월 10일 ‘경성부 K’로 이거하였으며, 1919년 4월 29일 경성부 L로 이거하였다가 경성부 M 등에서 거주하던 중 1949년 3월 1일 서울 종로구 N에서 사망하였다.

x. After the death of the Plaintiff’s fleet G, the South-North P, the deceased.