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(영문) 창원지방법원밀양지원 2016.08.31 2015가단11764
소유권보존등기말소 등 청구의 소
Text

1. The Defendant’s respective shares indicated in the attached Form of Inheritance Shares among the 7,045 square meters of J-gun’s forest and field between Gyeongnam-gun and Gyeongnam-gun.

Reasons

1. Basic facts

A. On November 20, 1912, K, 7,045 square meters of forest J, Gyeongnam-gun (hereinafter “instant real estate”) was in the future of K on November 20, 1912, and the address of K on the land cadastre is written as an old-gun L [Gu land cadastre is written as M].

B. On August 6, 1922, the registration of ownership preservation was completed in the name of the defendant on June 26, 1969, stating that the ownership was transferred to the defendant on August 6, 1922 on the land.

C. Meanwhile, as of June 27, 1927, anO whose permanent domicile was established in the Gyeongnam-gun N N, a family heir P inherited his/her child P on June 27, 1927. P died on September 24, 1994, and P inherited his/her child, Q, Plaintiff A, B, and C, who was a child, and Q, died on March 24, 2012 and Q, was inherited by Plaintiff D, E, F, G, H, and I, who was the wife and children. Ultimately, the saidO’s property was inherited by the Plaintiffs, such as each corresponding share in the inheritance share sheet.

【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1, 2, 3, and 8 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. The evidence revealed prior to the judgment of identity of the plaintiffs' prior to the plaintiffs' prior to the determination of the identity of the plaintiffs' prior to the consideration of Gap evidence Nos. 4, 6, and 7 is as follows: ① The names of K and O, the names of the plaintiffs, are the same to one person; ② the address of K, the situation of the real estate of this case, are described as the old old group in Gyeongnam-gun; ② the former land cadastre is described as L L is the former land cadastre; ② there is no designation as R in the old group in Gyeongnam-gun, and there is a designation as S; ② there is no designation as M; according to the fact that the plaintiff's "T" was written as U and there is no room for misconception as the "V" of the plaintiff's prior to the occurrence of the situation. According to the O's certified copy, the situation, the address of the situation, "Gyeongnam-gun-gun," which is the situation, appears to be the situation of "Seoul-gun, Gyeongnam-gun," in light of the situation.

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