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(영문) 대구지방법원 2021.02.03 2019가단112707

소유권이전등기

Text

1. The defendant confirms that the 1,772 square meters of 1,772 square meters prior to the Gyeongdong-gun B (C and the Gyeongbuk-gun D) is the relics of C.

2. The costs of lawsuit shall be.

Reasons

1. Facts of recognition;

A. The land survey book prepared with respect to 1,772 square meters (hereinafter “instant land”) prior to the Gyeongdong-gun, the unregistered land, is indicated as the land survey book as the one in the name of the situation, and is indicated as Da C in the Gyeongbuk-gun.

B. On the land ledger restored on June 20, 1955, the names of E and three persons shall be stated as the owner of the land of this case.

(c)

Plaintiff’s father deceased F (hereinafter “Death”)

6. 25. From the date of war, the land in this case was occupied and leased to someone else.

(d)

The Deceased died in around 2005, and the Plaintiff inherited and continuously leased the instant land.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 and 2, Eul evidence No. 1, the purport of the whole pleadings

2. Determination as to the claim

A. Since the person under the name of the land owner under the former Decree on Land Survey (Ordinance No. 2, Aug. 13, 1912, 1912) acquires the pertinent land at a time (see, e.g., Supreme Court Decision 84DaKa1773, Jun. 10, 1986; hereinafter the same shall apply), if the land survey division was prepared and circumstances were under the former Ordinance on Land Survey, the person under the name of the land owner or his/her heir becomes the land owner (see, e.g., Supreme Court Decision 2002Da43417, May 26, 2005) and the former Ordinance on Land Survey was enacted by Act No. 165, Dec. 1, 1950; hereinafter the same shall apply), if there were no legal grounds for restoration from the destroyed cadastral record at his/her discretion, the land owner under the former Ordinance does not have the jurisdiction at the time of implementation.

In light of the above legal principles, the owner of the instant land should be deemed as C (C, Gyeongbuk-gun), a name of the first situation, in light of the aforementioned legal principles.

B. According to Article 197(1) of the Civil Act, the existence of the preserved claim is subject to an article.