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(영문) 서울중앙지방법원 2016.08.11 2016가단5051005
소유권확인
Text

1. Of the instant lawsuits, the part of the claim for the confirmation of shares held by C, D, and E shall be dismissed.

2. The Defendant shall be not less than 2182 square meters prior to the date of Pakistan.

Reasons

1. Facts of recognition;

A. 1) Contents of the relevant official document written in the Pakistan-gun G Forest Survey Co., Ltd. prepared during the Japanese colonial era, indicated that the owner of the instant land was I who lives in H, and also entered in the old forest register as the owner in whom I was in charge of the assessment of the instant land. 2) The instant land was written on February 23, 2016, and the forest register was drafted on February 23, 2016, but the owner was the co-owner’s disturbance and the state of non-registration.

3) The plaintiffs' prior election is the legal domicile of K (Seoul-do Pakistan, prior to the change of administrative district). The copies of J and M are indicated by J's chief South-Nam M N, and the women's O were born in P in P, respectively. (B) The plaintiffs' prior election status 1) the J died on February 9, 1959, and his chief South-North M succeeded to the property of J along with the inheritance of Australia.

2) M was deceased on June 23, 1976. The plaintiffs and non-party R (Nam) who were their wife Q and children jointly inherited M’s property. Among the above inheritors, the plaintiff A is the inheritor of Australia, and the plaintiff B was married on December 11, 1968 and did not have been within the same family register. According to the Civil Act at the time of the death of M, the property inheritor, the family head of family, added 50 percent to the inherited property, and the female’s share of inherited property is 1/4 of the male’s share of inherited property, and the female’s share of inherited property is 2/13, 13, 21/13, 21/13, 3, 16/13, and 4/13, 3) was the same as that of the male’s share of inherited property.

4) Meanwhile, R is deceased on February 23, 2005, and R is the inheritor of R as Nonparty C, Nonparty D, the wife, Nonparty D, and E. [The facts that there is no ground for recognition, Gap evidence Nos. 1 through 8, Gap evidence Nos. 10-1 and 10-2, and the purport of the whole pleadings.

2. The Plaintiffs’ legitimacy of each of the claims for confirmation of shares held by C, D, and E in the instant lawsuit is as to each of the shares owned by Nonparty C, D, and E out of the instant land.

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