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(영문) 대구지방법원서부지원 2020.08.27 2017가단57315

소유권확인

Text

Defendant Republic of Korea confirms that the 1,957 square meters of the 1,957 square meters of the Gyeongbuk-gun was owned by Defendant A.

Defendant A shall be the Plaintiff.

Reasons

1. The allegations and judgment of the parties

(a)as shown in the reasons for the attachment of the claim;

[Grounds for recognition] The items of Gap evidence Nos. 1 through 7 and 11 and the purport of the whole pleadings

B. Determination as to Defendant Republic of Korea’s assertion 1) The claim for confirmation of land ownership against the State is unregistered and the land is not known to the registrant on the land cadastre or the forest land cadastre, and there is benefit of confirmation only when there are special circumstances, such as denying the ownership by a third party who is the titleholder of the registration and continuing to claim ownership (see Supreme Court Decision 2009Da48633, Oct. 15, 2009). According to Article 87 Subparag. 4 of the Spatial Data Establishment, Management, etc. Act, a creditor may subrogate an application to be filed by a landowner who is the debtor in order to preserve his/her own claim, but no application for the correction of registered matters in the cadastral record under Article 84 of the same Act cannot be made by subrogation. In light of the legal principles as to land cadastre’s land cadastre’s land cadastre’s land cadastre’s land cadastre’s land cadastre’s land cadastre’s land cadastre’s land cadastre’s land cadastre’s land cadastre’s land cadastre’s land cadastre’s obligee’s interest cannot be correcteded to 25161.