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(영문) 대구지방법원상주지원 2016.11.09 2016가단8786

소유권확인

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. Each real estate listed in the separate sheet is written in the name B and C as the title holder of assessment or ownership transfer as the unregistered land and as the land cadastre thereof.

B. 1) The Plaintiff filed a lawsuit for ownership transfer registration against B and C, who is the title holder or title holder of each of the above lands, with the Daegu District Court resident support 2016da8526,857, and filed an application for a fact-finding inquiry with the court in the process of the said lawsuit to identify B and C’s personal information. 2) The above court accepted the above fact-finding request and sent a fact-finding inquiry to D and D at the time of literature. The above Myeon office sent a reply to the effect that there is no document to verify their personal information, such as a certified copy of the Myeon office B and C’s removal.

C. The Plaintiff’s assistance division E died on April 1985, while the father F died on October 2002.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Gap evidence 7, Gap evidence 10 to 15, the purport of the whole pleadings

2. Each real estate listed in the separate sheet stating the gist of the plaintiff's assertion is purchased from Nonparty B, C, and the F and the plaintiff inherits it in succession. Each of the above real estate is unregistered, and the identity and address of B and C indicated as the owner on each land cadastre cannot be known. Thus, the plaintiff seeks confirmation against the defendant that each of the above real estate is owned by the plaintiff.

3. We examine, ex officio, whether the instant lawsuit is legitimate or not.

A claim for confirmation of land ownership against the State shall be limited to the cases where the land is unregistered and its registrant is unknown on the land cadastre or the forest land cadastre, or where there are special circumstances, such as the State continuously denying the ownership of a third party who is the titleholder of the registration or the registration, and the State continues to assert the ownership of the State.

Supreme Court Decision 200