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(영문) 춘천지방법원원주지원 2019.05.22 2018가단3570
소유권 확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The land cadastre of this case was unregistered on July 19, 1921, and thereafter, the land cadastre of this case was identified as D on July 19, 1921, and only the fact that D was corrected to E, and the address of the said D was not indicated.

B. On November 15, 1983, the Plaintiff was G’s son, who died from the Hongcheon-gun F of the Republic of Korea on November 15, 1983. The copies of the above G were born by G in Gangnam-gun I in the short term of H, 4238, which was the date, and the permanent domicile of G was the Republic of Korea Hongcheon-gun J in the permanent domicile of the Republic of Korea and the short term of 4255 years

3.7. The death of the Jeonju, stating that he/she inherited Australia due to the death of the Jeonju, and on March 7, 1937, K was born, died on March 7, 1937, and the grave was in the Hongcheon-gun F of the Gangwon-do. He/she was born in P, died on October 10, 1983, and the grave was also written in the Hongcheon-gun F of the Gangwon-do.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The gist of the Plaintiff’s assertion is that the person with QC was very rare, and the population around 1920 did not seem to have increased, therefore, K, a father of the Plaintiff, is the owner of the instant land. The Plaintiff’s father G was succeeded to the instant land from the said K, and the Plaintiff was succeeded to the instant land from the said G.

However, the defendant asserts that the land in this case is owned by the plaintiff on the ground that the address of K, which is the plaintiff, is not indicated on the land cadastre of this case.

B. On July 19, 1921, as to whether D, written as the person from the ruling on July 19, 1921 on the land cadastre of the instant land, is the same as D on the above land cadastre, the one used in the name of K, which is the plaintiff's assistant, is the same as D on the above land cadastre.

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