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(영문) 창원지방법원진주지원 2020.05.13 2019가단7095
토지소유권확인
Text

1. 38/120 shares in each land listed in the separate sheet shall be the Plaintiff (Appointed Party), 14/120 shares shall be the Appointed B, C, D, 7.

Reasons

1. Facts of recognition;

A. At Jinju, H land is I and later written by J as its title holder on its land cadastre.

B. On October 19, 1959, the land was divided into each land listed in the separate sheet (hereinafter “instant land”) around October 19, 1959

C. The owner on the instant land ledger is indicated as J (Kriri) and the instant land is currently unregistered.

[Attachment Share 1] Plaintiff 38/120, B 14/120, Category B 14/120, Category C 14/120, Category C 4, Category D 14/120, Category D 14/120, Category E7/120, Category 6, 7/120, Category G 26/120, 1

D. On February 2, 1962, the Plaintiff (Appointed Party; hereinafter referred to as the “Plaintiff”) died on the part of the designated party B, C, D, G’s father, Appointor E, and F’s external assistance L, which died on February 2, 1962 (hereinafter “the deceased”), and the deceased’s wife succeeded to the deceased’s property by M (the husband of the Plaintiff), the appointed party B, C, D, G, and N, whose children were their children, and the Plaintiff inherited M’s property due to the death of M, and the Plaintiff succeeded to N’s property by N’s declaration of disappearance (Seoul Family Court Decision 2017Hu4709) and N’s husband’s O, EF succeeded to N’s property.

The specific shares of inheritance between the plaintiff and the designated parties are as listed in the following table:

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings

2. The key issue of this case is whether J as the owner of the land cadastre of this case is the same person as the deceased.

The above evidence and the fact-finding inquiry into the P plane of the court, together with the overall purport of the arguments, are acknowledged as follows: ① the owner of the land of this case, namely, the JJ, who had been an address in Kri-gun, ② the deceased transferred from Jin-gun Q to Jin-gun in Jin-gun in Jin-gun in Jin-si in Jin-si, ③ the owner as indicated on the land cadastre of this case, ③ the deceased’s permanent domicile is the same as the owner of J and the deceased; ③ The deceased’s father’s father’s permanent domicile is not Qu-gun, but is not the same as the above separation. ④

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