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(영문) 대구지방법원의성지원 2016.12.21 2016가단10010

소유권이전등기

Text

1. Defendant Republic of Korea shall verify that real estate stated in the separate sheet is M.

2. Defendant Republic of Korea.

Reasons

1. As to the claim against the defendant in Korea

A. As to the Plaintiff’s determination of this safety defense against the Defendant Republic of Korea on the real estate listed in the separate sheet (hereinafter “instant land”), the Defendant Republic of Korea has no interest in confirmation.

A claim for confirmation of the ownership of land against the State is unregistered, and there is no registered titleholder on the land cadastre or forest land cadastre, or the identity of the registered titleholder is unknown, and there is a benefit of confirmation only when there are special circumstances, such as the State continuously denies the ownership of a third person who is a registered titleholder, and the State continues to assert the ownership.

The fact that the instant land is unregistered does not conflict between the parties, and the land cadastre (Evidence A2 and 3) is merely indicated as “N” and “O” with respect to the owner, and there is no further examination of personal information, such as resident registration number and specific address. Therefore, the above land cadastre alone cannot be identified as the registrant.

Therefore, this part of the lawsuit seeking the confirmation of ownership of the land of this case against Defendant Republic of Korea is a benefit of confirmation, and the above defense of Defendant Republic of Korea is without merit.

(b) In the absence of counter-proof such as the change of the contents of the circumstances by the adjudication, the person registered as the owner of the land research division or the forest research division on the cause of the claim shall be presumed to have been determined as the owner of the land and the person who received the conditions of the land shall acquire the land at the original

As to the instant case, the following circumstances are indicated in the Health Unit (i.e., N with O’s address on May 1, 1913; and (ii) there is no indication as to the transfer of rights; and (iii) according to the result of the fact-finding by the court on P.