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(영문) 청주지방법원 2016.01.27 2014나11629

소유권확인

Text

1. Revocation of a judgment of the first instance;

2. All of the instant lawsuits are dismissed.

3. The costs of the lawsuit are assessed against the Plaintiffs.

Reasons

1. The court's explanation on this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, thereby citing it in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The assertion and judgment

A. The plaintiffs' assertion 1) The F, registered as the first owner of the land of this case on the land cadastre of this case, is written in F as the title holder without permission, and therefore his heir cannot be identified. Thus, the defendant did not dispute that the plaintiffs are the actual owner of the land of this case even though the application for registration of the land of this case was rejected, and the plaintiffs did not dispute that the plaintiffs are the actual owner of the land of this case and interfere with the plaintiffs' registration. The plaintiffs have the right to seek confirmation of ownership of the land of this case against the defendant who is the State, and the plaintiffs shared the land of this case according to the ratio of 1/2 shares according to the agreement on division of inherited property. 2) Since the first owner of the land of this case on the land cadastre of the defendant of this case was registered as F, and the land of this case is unregistered land with the title holder, and the defendant did not deny the ownership of F, the state of the plaintiff, as the state.

B. 1) The registration of ownership preservation on the ground of a certified copy of the land cadastre or forest land cadastre (Article 65 subparagraph 1 of the Registration of Real Estate Act), a person who proves his ownership by a final judgment (Article 65 subparagraph 2 of the Registration of Real Estate Act), a person who acquired ownership by expropriation (Article 65 subparagraph 3 of the same Article) may apply for registration on the land cadastre or forest land cadastre by a certified copy of the original land cadastre (Article 65 subparagraph 1 of the Registration of Real Estate Act), and a person who acquired ownership by expropriation