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(영문) 창원지방법원밀양지원 2016.06.22 2016가단976
소유권확인
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 instant real estate is an unregistered real estate and its land cadastre B entered on February 9, 1912 as the assessment of the instant land in the old land cadastre, and further is not entered in the address B of the registered titleholder B in the said register.

B. The deceased C was born in D and died on July 12, 1975 after the work was divided from Ma (former F) in Ma at Pyang-si on June 10, 1921, and the deceased on July 12, 1975. The plaintiff is the only heir of the above deceased C.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 5 (including branch numbers), and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s denial network C was determined by the Plaintiff’s assertion, and the Plaintiff succeeded to the instant real estate, and thus, the Plaintiff is entitled to ownership of the instant real estate.

B. In the land survey project conducted under the Decree on Land Survey during the Japanese Occupation Period, a person who was considered as a land owner in the land survey project conducted under the Decree on Land Survey during the Japanese Occupation Period acquires the ownership of the land in question in a primary and creative manner, and the situation deals with the starting point of the land ownership relationship.

In addition, despite the probability that there have been a significant cause of change in transaction or other legal relations with respect to land for a long period of time from the land situation to the year of 100 years, the former part of our society, and other significant social and economic changes, or the trend of use of land, etc., the descendants of the person under the circumstance can easily prove the acquisition by succession of the land ownership, which had the person under the circumstances, based on the comprehensive cause of succession to the right of inheritance.

Considering these circumstances, in a case where a person asserts in a lawsuit that he/she succeeded to or acquired his/her ownership by inheritance as a successor of the nominal person, his/her identity and identity of his/her nominal person should be strictly proved, so that the judge can have convictions in relation thereto, and even if there are circumstances to raise doubt as to this point, it shall be done without permission.

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