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(영문) 전주지방법원 2019.05.24 2019나1469

소유권확인

Text

1. Revocation of the first instance judgment.

2. It shall be confirmed that the 6m20m2 in Yansan-gu, Jeonju is owned by C.

3. The total cost of the lawsuit.

Reasons

1. Facts of recognition;

A. The land of this case is indicated as unregistered land and C on August 3, 1914, the land of this case is indicated as assessment of the land of this case, but no personal information, such as C’s address or date of birth, is indicated therein.

B. On November 4, 2016, the Plaintiff was awarded a favorable judgment against the Plaintiff on the ground that “C shall implement the procedure for ownership transfer registration on September 12, 2013 for the completion of prescriptive acquisition on the instant land on September 12, 2013, on the ground that the Plaintiff and the Plaintiff’s former occupant acquired ownership on September 13, 2017 by filing a lawsuit for ownership transfer registration with the Jeonju District Court 2016Da32461, which became final and conclusive on September 28, 2017.” The judgment became final and conclusive on September 28, 2017.

C. Meanwhile, the instant land is surrounded by an erosion control on the land of 954 square meters in Jeonju-si E, Jeonsi-gu, Jeonju-si. The F, the Jeonju District Court, 94Kadan3584, filed a lawsuit against C (Yansan-gu, Masan-si, Ma), claiming confirmation of ownership transfer on September 12, 1993 due to the completion of the prescriptive acquisition on September 12, 1993, and on behalf of C, filed a favorable judgment on July 13, 1995. Based on the above judgment, registration of ownership preservation in the name of C and registration of ownership transfer in the name of F was completed in succession.

The Plaintiff purchased the above land from F and completed the registration of ownership transfer on July 23, 2014.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap 1 through 12 (including virtual numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. The parties' assertion

A. The Plaintiff is named C in order to preserve the right to claim ownership transfer registration against the Plaintiff C.