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(영문) 수원지방법원안산지원 2016.11.23 2015가단27699
소유권확인
Text

1. Of the real estate listed in the separate sheet, with respect to the portion of 36/125 shares, the Plaintiff (Appointed Party) and 11/125 shares.

Reasons

1. Basic facts

A. The land listed in the separate sheet No. 1 was divided from the Gyeonggi-gun F, Busan-gun G, and the land listed in the separate sheet No. 2 and the land listed in the separate sheet No. 3 was divided from the Gyeonggi-gun G, Busan-gun G. On January 1, 1989, the administrative district of each land listed in the separate sheet was changed to Hdong at the time of Si interest. Each land listed in the separate sheet No. 1 (hereinafter “each of the instant real estate”) is currently unregistered.

B. On November 15, 1910, the land survey panel and the land cadastre of each of the instant real estate, all of which were drafted during the Japanese occupation point period, state that J, which was located in Ansan-gun I, obtained the said F and G land assessment on November 15, 1910.

C. However, the name of the designated parties is J. The name of the family register of the designated parties, the male head of the J was not his name and the family register was not formed, and on April 20, 1959, K succeeded to the family register and property of J. Accordingly, on February 8, 1980, L. The plaintiff (designated parties; hereinafter referred to as the "the plaintiff") who died on February 8, 1980 and succeeded to the family register by the designated parties, and the designated parties B who were married to the plaintiff, who were married to the plaintiff, his wife, D, and E, who were married to the plaintiff, and on June 27, 2007, the plaintiff and the designated parties jointly succeeded to the property of L. The plaintiff and the designated parties jointly inherited the property.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 to 8, Gap evidence 3-1 to 7, Gap evidence 4-1 to 3, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff asserted that the plaintiff and the designated parties acquired ownership by inheritance of the real estate of this case from J as the same person, who is the title holder and the owner of the situation of the real estate of this case. Accordingly, the defendant is not the same person with the domicile of the land cadastre of J as the title holder and the domicile of the designated parties in the evidence register of J as the title holder.

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