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(영문) 서울중앙지방법원 2015.04.28 2014가단5311932
소유권확인
Text

1. Of the instant lawsuit, the part of the claim for confirmation of B’s shares in the attached list shall be dismissed.

2...

Reasons

1. Basic facts

A. In the Land Survey Division prepared during the Japanese Occupation Period, it is indicated that E, located in Gyeonggi-gun C, which was located in D on May 26, 1913, was under the circumstance of E, and the Forest Survey Division entered into the Forest Survey Division seven parts of forest land and seven parts of the seven parts of the seven parts of the seven parts of the seven parts of the seven parts of the seven parts of the forest land (hereinafter “undivided forest”) on June 20, 1918.

B. After the land before subdivision was restored on February 28, 1980, the land before subdivision was indicated as real estate indicated in attached Table 1 (hereinafter “instant real estate”) due to the change of administrative district, and the land before subdivision was indicated as real estate indicated in attached Table 2 (hereinafter “instant two real estate”) after the cadastral record was restored on October 10, 1980.

The owner of each real estate in this case's land cadastre and forest land cadastre is vacant and has not been registered until now.

C. On October 18, 1928, the Plaintiff’s Ministry H (H, permanent domicile, sports group I) died and the J, a family heir, was the sole heir.

The J died on July 2, 1963 and jointly inherited L, M, and B, the wife of K, children.

K died on February 15, 198 and jointly inherited L, M, and B, a child.

L died on May 21, 1951 and jointly succeeded to N and the plaintiff.

N died on November 6, 2012, and the plaintiff succeeded to it.

M was deceased on October 10, 1986 and succeeded jointly by the wife P, Q, R, and S.

On April 201, the Plaintiff, P, Q, R, and S agreed on the division of inherited property with the content of “P, Q, R, and S transfer their respective inheritance shares to the Plaintiff of each of the instant real estate.”

Accordingly, the inheritance share of each real estate of this case is Plaintiff 17/21, B 4/21.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8 (including a provisional number), the purport of the whole pleadings

2. Determination

A. On the part of confirmation of the plaintiff's share of 1 ex officio determination of the benefit of confirmation: Each of the real estate in this case is currently the registered titleholder on the land or forestry register and is not registered.

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