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1. Of each land listed in the separate sheet, Plaintiff A and B, each of 5/40 shares, Plaintiff C, D, E, F, and G respectively, 6/40 shares.
Reasons
1. Basic facts H was found to have a permanent domicile in Gyeonggi-si I (after that, J, Gyeongsung-gun, Gyeongsung-gun, Ma, Chungcheongnam-gun, N, Chungcheongbuk-gun, O, P, and Q, respectively.
Each of the above lands assessed by H was divided into the lands, including each of the lands listed in the separate sheet (hereinafter referred to as “each of the lands of this case”).
The land survey book and the land cadastre of each of the instant lands are written only by the land survey book and the land cadastre, and there is no lot number in the land register and there is no register as to each of the instant lands until now.
Each land of this case was jointly inherited to the plaintiffs, who are the wife of S through H, through T and children, through H, and their shares were jointly inherited to the plaintiffs. After the death of T, the plaintiffs were jointly inherited, and the plaintiffs agreed to own the shares of 5/40 of each land of this case, the plaintiffs C, D, E, F, and G among each land of this case upon consultation on the division of inherited property.
[Ground for Recognition: Facts without dispute; entries in Gap's Evidence Nos. 1, 2, 3, 5 through 19, 31 (including each number), the purport of the whole pleadings]
2. The title holder of land under the former Decree on Land Survey (Ordinance No. 2 of August 13, 1912) is the owner of the land, so if the title holder was to acquire the relevant land at the original time, the title holder or his/her heir becomes the owner of the relevant land under the former Ordinance on Land Survey.
Therefore, the Plaintiffs, the final heir of H, the assessment title of each land of this case, shall be deemed to have acquired the ownership of each share on each land of this case according to the division agreement.
However, in light of Article 130 of the Registration of Real Estate Act, if it cannot be proved by the land cadastre in the registration of preservation of ownership of unregistered real estate, the ownership can be proved by the judgment.