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(영문) 서울중앙지방법원 2015.11.17 2015가단5123224
소유권확인
Text

1. It is confirmed that Pyeongtaek-si E-si is owned by the plaintiffs in each ratio of the shares in inheritance by the plaintiff in attached Form 922 square meters.

2.

Reasons

1. Basic facts

A. According to the Land Survey Book drawn up at the Japanese occupation point period, the answer 1,551 Y (hereinafter “the land subject to the instant assessment”) from Ansan-gun G is 1911 (hereinafter “H”)

9.11. The circumstances are listed as circumstances, and the address of the circumstances are not stated separately.

B. On November 30, 1954, the land affected by the instant assessment was written in the land cadastre as it was divided into 1,370 square meters in Ansan-gun E, 2, 175 square meters in I, 3, and 8 square meters in F, and 1,370 square meters in Ansan-gun E, Asung-gun on July 28, 1971 and 279 square meters in J, 1,091.

C. Since then, following the conversion registration of the area, change of administrative district, etc., ① 279 square meters in Ansan-gun E-si, Seosung-gun E- 922 square meters (hereinafter “instant E”) and ② 8 square meters in Ansan-gun F-gun F-si 8 square meters in 20 square meters (hereinafter “instant F-si”). D.

The land of this case is unregistered, and the defendant made registration of preservation of ownership on the land of this case to the Suwon District Court No. 61481, Dec. 17, 2008, which received on December 17, 2008.

E. On December 17, 1946, K, the Plaintiff’s fleet adopted L as the two children due to the lack of children. L was killed on December 17, 1946, and M was the head of family and the inheritance of property. On January 2, 200, M was deceased on January 2, 200, Plaintiff B, C, and D, the spouse of the Plaintiff, and its children, inherited the property.

[Ground of recognition] Evidence No. 1, Evidence No. 2-1 to 2, Evidence No. 3-1 to 4, Evidence No. 5, Evidence No. 6, and purport of the whole pleadings

2. Determination

A. A person registered as the owner in the land investigation register for the cause of the claim shall be presumed to have been assessed as the owner of the land unless there is any counter-proof that the content of the land has been changed by the adjudication, and the circumstance has become final and conclusive. Therefore, if a person registered as the land investigation register for a certain land dies and his/her heir remains, his/her ownership shall be deemed to have been transferred to a third party after there is a circumstance

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