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(영문) 서울중앙지방법원 2017.06.28 2015가단5229320
소유권확인
Text

1. The plaintiffs shall be entitled to the ratio of 185 square meters in the list of inheritance shares by the plaintiff in attached Form 185 square meters in Suwon-si G road.

Reasons

1. Basic facts

A. According to the Land Survey Book drawn up during the Japanese Occupation Period, the person who resides in the same Ri as the Suwon-gun H with respect to the total of 171 square meters is indicated as being under the circumstances.

B. The land indicated in the order (hereinafter “instant land”) was partitioned from the said land, and the instant land is currently used as a national highway No. 42 without having been registered for preservation of ownership.

C. The I, who had his permanent domicile in Suwon-gunJ, died and succeeded to K. After that, K, L and M died in succession and became the final heir of the Plaintiffs, and the Plaintiffs’ inheritance shares are as shown in the attached Form.

[Reasons for Recognition] Each entry of Gap evidence 1 through 15 (including each number), the purport of the whole pleadings

2. Determination:

A. In full view of (1) the fact that the “Ui-gun N”, the address of the Plaintiff, is the same region where the “Ui-gun J”, which is the legal domicile of the Plaintiffs, is the same, and that the name of I and I of the Plaintiffs are the same as those of the Plaintiffs, the assessment titleholder of the instant land, I and I of the Plaintiffs appears to be the same person.

(2) A person registered in the Land Survey Book as an owner is presumed to have become final and conclusive, unless there is any counter-proof, such as that the content of the land has been changed by an adjudication, and the land has been acquired in the original condition.

Therefore, barring any special circumstance, it should be deemed that the Plaintiffs, who are the inheritors of I, the assessment titleholder of the instant land, share the instant land.

B. (1) The defendant asserts that the land of this case was incorporated into a road after giving due compensation to the owner in accordance with the Joseon Road Order and its Enforcement Rules at the time of Japanese occupation. Since the defendant continued to maintain and manage the land and used it as a road, the defendant's legitimate acquisition of ownership or the acquisition by prescription for possession was completed.

(2) The defendant submitted.

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