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(영문) 수원지방법원안양지원 2016.12.16 2016가단13213
토지소유권확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The following facts of basic facts may be acknowledged either in dispute between the parties or in combination with the whole purport of the pleadings in Gap evidence Nos. 1 to 4 and 6 (including paper numbers):

D’s address, the owner of land cadastre of the Gu, is indicated as “Yan-gun E,” as the land under the assessment of D on May 5, 1912, 1913, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

B. After that, Da-Jin-gun C, Chungcheongnam-gun, Chungcheongnam-gun, the registration of preservation of ownership was completed in the name of D on June 23, 1932. The address of D, the owner of the real estate registration injury, is indicated as “YYF”.

C. After that, part of 913 square meters in Chungcheongnam-gun, Chungcheongnam-gun was divided into 62 square meters in total on November 30, 1972, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and only 851 square meters (in the size of 2813 square meters on May 1, 197, converted into 2813 square meters). In other words, the 2813 square meters in the Haak-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, was subdivided into 439 square meters in part on September 7, 201, and the H return 2374 square meters in South-gun, Jin-gun, Chungcheongnam-gun, and thereafter, the 2374 square meters in the name of administrative district on January 3, 2012, and became B374 square meters in the instant land (hereinafter referred to as “the instant land”).

On the other hand, upon the death of the plaintiff on July 24, 1918, K, as the plaintiff's father, succeeded to the property of the deceased J as the family heir. After that death on March 24, 1931, K, as the plaintiff's father, succeeded to the property of the deceased K as the family heir, and the address of the J as the certified copy of the certified copy, is written as "Yan-gun L."

2. Despite the same person, “D” registered in the old land cadastre and the land cadastre register as the owner of the instant land and the network “J” of the Plaintiff, the Plaintiff did not register inheritance in the future of the Plaintiff on the ground that the address of D as indicated in the former land cadastre and the register of the real estate register is inconsistent with D’s address indicated in the original land cadastre and the register of the real estate register, and thus, the Plaintiff did not register inheritance in the future. Accordingly, the Defendant seeking confirmation that the instant land is owned by the Plaintiff

3. The defendant's defense prior to the merits.

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