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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. According to the Land Survey Book drawn up during the Japanese occupation occupation period, “Syang-gun C Ri” of the Highyang-gun became “Yyangyang-gun Nuri, Goyang-gun Ouri, and Goyang-gu Qdong” following the change of administrative district, etc. (hereinafter “instant situation land”). D (hereinafter “Uyang-si”), who has a domicile in “Yyang-si Qdong, Goyang-gu, Goyang-si, Goyang-si, Goyang-si,” was under circumstances.
B. On September 2, 1958, the assessment land of this case was restored to the cadastral map of 608 square meters, B road of 110 square meters, and G 329 square meters. Since then, the assessment land of this case was the F 2,010 square meters, B road of 364 square meters (hereinafter “instant land”) and G 1,08 square meters, and after G 1,08 square meters, G 1,08 square meters were divided into 608 square meters, G 920 square meters, and H 168 square meters.
C. On May 16, 1974, the Plaintiff’s prior domicile in the Gyeonggi-do Goyang-gun I, died on May 16, 1974, and the Plaintiff’s spouse, K and his children, etc. jointly inherited the J’s property. On May 14, 2006, the Plaintiff et al., his spouse, M and his children jointly succeeded to the L’s property.
On the other hand, the defendant completed the registration of preservation of ownership (hereinafter "registration of preservation of this case") as the receipt No. 28054 on July 27, 1966 by the Goyang-gu District Court, Goyang-dong District Court, Goyang-dong Office, Jeju District Court (hereinafter "Seoul District Court").
[Ground of recognition] Facts without dispute, Gap evidence 1 through 7, Eul evidence 8, 16 through 18 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination as to the cause of action
A. In full view of the following circumstances, prior to whether the assessment titleholder of the assessment of the instant assessment land and the Plaintiff’s priorJ is the same person, namely, the name of the holder of the instant assessment land and the names of the Plaintiff’s prior representative are identical to those of “D”; the address of the assessment titleholder and the legal domicile of the Plaintiff’s prior representative are “Yyang-gun Nuri-gun”.