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(영문) 수원지방법원 2016.11.08 2016나53890
소유권확인
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On November 19, 1969, I completed the registration of initial ownership with respect to J 16, J 16, 3rd 9, J 16, and completed the registration of initial ownership on March 23, 1970 and divided the above land into 8, 7, 8, 3rd 6, 3rd 5, L2nd 5, and the J completed the registration of initial ownership on May 1, 1970 to the Osan Tourism Co., Ltd., Ltd., L L on May 1, 1970, and K (hereinafter “K”) to the Plaintiff on August 3, 197, as the Plaintiff on July 9, 1972.

B. On February 27, 2007, the Defendant newly registered the 1,277 square meters of forest land B (hereinafter “instant land”) in Sungsung-si, and registered the Defendant as the owner on September 7, 2012.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 9 (including branch numbers), the purport of the whole pleadings

2. The assertion and judgment

A. Even if the Plaintiff’s assertion was not included in K and left as part of J, which was the land before subdivision, as part of the land before subdivision, the Plaintiff, C, D, E, F, G, and H inherited shares according to the annexed inheritance shares table following the Plaintiff’s death. As such, the Plaintiff, C, D, E, F, G, and H inherited shares were inherited according to the annexed inheritance shares table. As such, the Plaintiff’s claim for

B. The evidence submitted by the Plaintiff alone is insufficient to recognize the fact that the instant land was left behind as part of the J land before subdivision, and there is no other evidence to acknowledge otherwise.

(In addition, according to the above facts, since the sum of the area of the J land before division and the area of the J, 3, and 4 after division is the same, there is no room to deem that there was a remaining area of the J land before division. Therefore, the Plaintiff’s above assertion is without merit without further review.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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