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(영문) 서울중앙지방법원 2019.10.17 2019가합513759
소유권확인
Text

1. It is confirmed that each land listed in the separate sheet is owned by the plaintiffs in proportion to 1/2 shares, respectively.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. C was identified as the owner at certain times at approximately 728 square meters, E 770 square meters, and F 69 square meters.

B. Since then, each of the above lands was changed to each of the lands listed in the separate sheet (hereinafter referred to as “land” in the order of order according to the sequence in the separate sheet, and collectively referred to as “each of the instant lands”).

C. Around 1934, the above C died and succeeded to Australia and the property of the head of the household. Around 1937, the said G died, and H, the head of the household and the property of the Republic of Korea, and the head of the household, died on July 18, 194, and the head of the family and the inheritance of the head of the household and the property of the Republic of Korea, and the said I died on December 9, 2017 and became the heir of the Plaintiffs, who were their children.

On the other hand, the register of each of the lands of this case contains: (a) as of March 9, 1931, the date of registration was settled on March 6, 1931; (b) as of March 6, 1931, the cause of registration was traded on March 6, 1931; and (c) as to the remaining 8/9 shares, the ownership transfer registration is completed in the future of H; and (d) the remaining 8/9 shares were not known; and (e) the joint list of ownership transfer registration remains

In addition, as in the land cadastre of each of the instant lands, the registration of transfer of ownership in the name of “H and eight persons,” which was based on the transfer of ownership on March 9, 1931, is registered, but the joint list of co-owners except H remains.

【Ground of recognition】 The facts without dispute, entries in Gap evidence 1 through 4 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. Judgment on the main defense of this case

A. Even if the common seal list of the registry of each of the instant lands should be destroyed and thus, each of the instant lands should be deemed unregistered real estate, H and eight persons are registered as owners on the land cadastre of each of the instant lands.

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