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(영문) 수원지방법원성남지원 2016.11.04 2016가단13474

소유권확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff clan is currently the father of C, which is the representative of the plaintiff clan, and is the member of the plaintiff clan, registered the title of D with 387 square meters prior to Gwangju-gun E, and accordingly, D was recorded as the owner of the above land in the "F land survey report of Gwangju-gun (hereinafter "the land survey report of this case").

B. Former 387 E was changed to B on September 20, 1960, and was divided into 241 square meters prior to Gwangju-gun, 50 square meters prior to G and 96 square meters prior to H on the same day.

C. Thereafter, on November 20, 1972, B B of Gwangju-gun was divided into: B 9 and B 232; G 50 square meters into G road 9 and J 41 square meters; H 96 square meters into H road 72 square meters and K 24 square meters, respectively.

On October 5, 197, the area was 30 square meters, and on March 21, 2001, the name of the administrative district was changed to Gwangju City, respectively.

(hereinafter “instant land”). (e)

The land of this case is unregistered land, and its land cadastre is written as its owner on February 6, 1975 on the ground that the plaintiff clan was the owner's restoration.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 9, Gap evidence 12, Eul evidence 1 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff clan's assertion that the plaintiff clan was based on the trust of the name of the clan D and received the land of this case. Thus, the plaintiff clan asserted that the actual owner of the land of this case is the plaintiff clan, and sought confirmation from the defendant.

B. In light of the fact that a person under the Forest Survey Order or the Land Survey Order was found to have acquired ownership in the original and creative manner, even if the clan was given a trust to the members of the clan, its title holder acquired ownership, and the title truster’s clan can only terminate the title trust agreement and file a claim for the registration of ownership transfer in the position of the truster under the title trust agreement.