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(영문) 서울중앙지방법원 2020.11.19 2019가단13368
소유권확인의 소
Text

1. We confirm that the share of 27/124 square meters out of 281 square meters in the wife population B in Chungcheongnam-si is owned by the Plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. The land research division prepared in 1911, which was an Japanese colonial rule with respect to the land of 85 square meters (hereinafter “instant assessment land”) prior to the Gyeonggi-do Incheon-gun C (hereinafter “Seoul-gun”), is indicated as E-Ga, who has an address in Gyeonggi-do-do-gun D.

B. On March 1, 1996, the term “Grain-gun” changed the name of the administrative district into “Grain-si,” and on October 31, 2005, the administrative jurisdiction was changed to “Grain-si, the wife population, the reporteries, and the flood area, which was established on October 31, 2005.”

C. The instant assessment land became the land of “281 square meters (85 square meters) with the wife population B (85 square meters)” following the reorganization of the administrative jurisdiction, etc. (hereinafter “instant land”).

According to the old land cadastre as to the land of this case, “E” is indicated as the owner of the land where the land of this case was assessed, but no other personal information is indicated, and the land of this case remains unregistered land until now to restore the landowner pursuant to Article 74 of the Act on the Construction, Management, etc. of Spatial Data.

The plaintiff's assistance division H died on May 9, 1957 as a person born on the first day, and the son, a family heir, succeeded to H solely.

On the other hand, the J died on February 27, 1987, and children L, M, N,O, P, Q, and R were co-inheritors, including the plaintiff who is the spouse of K and Australia.

After October 3, 2015, K calculated the Plaintiff’s inheritance shares, which is the final heir of J, as shown in the attached Table, when it dies on October 3, 2015.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 6 (including each number), the fact inquiry results of the court's rejection of the wife population S, the purport of the whole pleadings

2. Determination

A. A person who is registered as an owner in the forest survey report under the Land Survey Ordinance or the Forest Survey Ordinance under the relevant legal principles shall have no counter-proof evidence, such as the change of the content of the assessment by the adjudication.

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