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1. As to B, 261 square meters prior to Jin-si, Jin-do, Jin-do:
(a)bee;
(f) C, D, E, F, G, according to the ratio of shares in paragraph (1);
Reasons
1. Facts of recognition;
A. The land B B prior to Jin-si, Jin-do (hereinafter “instant land”) is the land assessmented on November 3, 1913 by I.
B. The instant land is currently unregistered, and the name of I is written in the land cadastre, but the address of I is not written.
C. On February 13, 1950, K in the principal course of the JJ in Gyeong-si, Gyeong-nam-do succeeded to Australia and property from K.
On the other hand, L has died on January 27, 1965 and jointly succeeded to L's property by wife M, children C, D, E, F, G, and H.
Since then, M jointly inherited M’s property on October 1, 1990 by children C, D, E, F, G, and H (hereinafter “C, etc.”), and in calculating C, C, 66/240 shares, D, 44/240 shares, E, 21/240 shares, F, 44/240 shares, G, 21/240 shares, and H 44/240 shares.
N purchased the instant land on November 22, 1970, and occupied the instant land while cultivating it in the instant land, and died on April 27, 2015.
E. On November 22, 1990, the Plaintiff (Appointed Party), Professor, and P, who are children of the network N, filed a lawsuit claiming ownership transfer registration against the Plaintiff, etc. on the instant land by asserting that the prescriptive acquisition has been completed on November 22, 1990 (C, etc., Changwon District Court Decision 2019Da34141). On October 22, 2019, the judgment of winning the Plaintiff (Appointed Party) and the Appointor was rendered on October 22, 2019 because C, etc. did not dispute over the said lawsuit.
[Ground of recognition] Evidence Nos. 1 through 7, Evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Determination on the cause of the claim
A. The claim for confirmation of land ownership against the State of the relevant legal doctrine is confirmed only when the land is unregistered and the registrant is unknown on the land cadastre or forest land cadastre, or when the State denies the ownership of a third party, who is the titleholder of the registration, and there are special circumstances, such as continuing to assert the ownership.