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(영문) 대구지방법원 2018.05.04 2016가단40061

소유권말소등기등

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1. The instant lawsuit shall be dismissed.

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

Reasons

The Plaintiff, as a state-owned land with no owner in the attached list, was made free of charge for settlement by the Defendant. The Plaintiff seeks confirmation of ownership of the said possession portion against the Defendant on the ground that the acquisition by prescription has been completed by occupying the portion of 164 square meters in the ship connected each point of 1,2,3,4, and 1 in sequence among the land listed in the attached list among the land listed in the attached list for at least 20 years by peace and public performance with the intention to own for at least 20 years.

However, even if the period of prescriptive acquisition has expired as alleged by the Plaintiff, it does not directly take effect, and there is no evidence to acknowledge that the land listed in the separate sheet is owned by the Defendant, and there is no benefit to seek confirmation of ownership against the State, which is not the owner at the time of the completion of the prescription

(See Supreme Court Decision 94Da39123 delivered on May 9, 1995, etc.). Therefore, the instant lawsuit is dismissed as it is unlawful and thus, it is dismissed.