소유권확인
1. It shall be confirmed that each real estate listed in the separate sheet is owned by the plaintiff;
2. The costs of the lawsuit are assessed against the defendant.
1. Facts of recognition;
A. Each land listed in the separate sheet (hereinafter “instant land”). The land listed in paragraph (3) of the annexed sheet is divided from the land listed in paragraph (2) of the annexed sheet on April 25, 1973, and the land was classified from the land listed in the annexed sheet No. 2 of the annexed sheet) stated that B was assessed on July 13, 1912, and transferred its ownership to D with its address in Cri on December 11, 1914, and each of the above land is currently unregistered.
B. The D, Australia, died on July 18, 1942.
D Ma was already deceased on September 25, 1941 without her children, so D’s wife F succeeded to Australia.
C. The plaintiff was adopted on May 7, 195 as the post-helper of the deceased E. D.
The F died on January 15, 1962, and on December 30, 1962, the Plaintiff completed the report of family inheritance on December 30, 1962 due to the death of Jeonju F.
E. D’s permanent domicile in Cri is the Plaintiff’s protocol.
【Ground for Recognition: Facts without dispute, Gap evidence 1-5, Gap evidence 7-1, 2, Gap evidence 8, Gap evidence 9 and 10, respectively, the purport of the whole pleadings
2. Determination on this safety defense
A. The defendant asserts that, since the land of this case is clearly registered on the land cadastre as it was transferred to D under the circumstances of B, the plaintiff's lawsuit of this case seeking confirmation of ownership of the land of this case is without interest in confirmation.
(b) A claim for confirmation of the ownership of land against the State is not unregistered and is not known to the registrant on the land cadastre or forest land cadastre, or there is a benefit of confirmation only in extenuating circumstances, such as denying that the land is owned by a third party who is a titleholder of registration or enrollment, and asserting that it is owned by the State.
(See Supreme Court Decision 2009Da48633 Decided October 15, 2009, Supreme Court Decision 94Da39123 Decided May 9, 1995, etc.).
With respect to this case, the health zone and the land in this case are unregistered, and the defendant is the original land in this case.