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(영문) 대구지방법원 2017.12.08 2016가단102648
소유권확인
Text

1. All of the plaintiffs' claims against the defendant Republic of Korea are dismissed.

2.Paragraph 1 of the Schedule of Real Estate Attached hereto.

Reasons

1. Basic facts

A. The plaintiffs jointly inherited the above L's property as the heir of the non-party deceased on September 30, 2007, according to the ratio of shares in the attached Form.

B. The real estate listed in paragraph (1) of the List of Real Estate in Attached 1 (hereinafter only referred to as “real estate in Attached 1”) is unregistered land and registered by I on August 12, 1913, and the real estate listed in Attached 1’s Schedule 2 (hereinafter referred to as “real estate in Attached 1’s Schedule 2”) is unregistered land and registered as an assessment of November 1, 1910 by K on the land cadastre, but no address, resident registration number, etc. that can specifically identify the identity of the said I or K is indicated.

C. On December 3, 1918, the above I was changed to the name of J on December 3, 1918, and the J died on December 1, 1956, and at the time of death, the deceased non-party Ma, who was his head, succeeded to the property of J alone.

In addition, upon the death of September 15, 1989, the above M jointly succeeded to the above M’s property by Nonparty N and his wife, F, Selection G, Defendant (Appointed Party) E (hereinafter “Defendant E”), and Selection H, who died on April 29, 2014, the designated parties with respect to the real property under paragraph (1) 15/48 shares, G, 11/48 shares, 11/48 shares, and H were owned by 11/48 shares, and 11/48 shares and 11/48 shares.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 1-2, Gap evidence 8,9,14,15 (including provisional numbers, hereinafter the same shall apply) and Eul evidence 2-3

2. The assertion;

A. 1) The non-party O, who is the father of the plaintiffs, occupied and cultivated the real estate in around 1925 by purchasing and selling the real estate paragraph 1 as its own intention. Since October 9, 1958, the aboveO died, the non-party O occupied and cultivated the real estate as its own intention. After the above L has died on September 30, 2007, the plaintiffs, its heir, have occupied and cultivated the real estate paragraph 1. 2) Accordingly, the above L has been the aboveO, thereby occupying the real estate in this case.

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