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(영문) 대구지방법원 2014.12.17 2014나302568

소유권확인

Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. As to the claim of this case seeking confirmation of ownership by the Plaintiff and the designated parties against whom the judgment on the defense prior to the merits is the heir of each land listed in the separate sheet No. 1 (hereinafter “instant land”), the Defendant asserted that the title holder is the heir of each land listed in the separate sheet No. 1 (hereinafter “instant land”). As the land cadastre of this case is listed in the land cadastre of this case, the Defendant has no interest in seeking confirmation of ownership against

A claim for confirmation of land ownership against the State is unregistered, and there is no registered titleholder on the land cadastre or forest land cadastre, or the identity of the registered titleholder is unknown, and there is a benefit of confirmation only in special circumstances, such as where the State denies the ownership of a third party who is the registered titleholder, and the State continues to assert the ownership.

In full view of the purport of the entire pleadings in the statement No. 2-1 of the evidence No. 2 of this case (see, e.g., Supreme Court Decision 2009Da48633, Oct. 15, 2009). In full view of the purport of the entire pleadings, the land of this case is unregistered and written only in the previous copy of land cadastre No. 2 of the land cadastre No. 2 of this case as “I with the domicile in J” as the person in charge of assessment. Thus, it is reasonable to deem that the entry of the above previous copy of land cadastre alone cannot be identified as the person in charge of registration. Thus, the claim for confirmation

Therefore, the defendant's defense prior to the merits is without merit.

2. Judgment on the merits

(a) The facts subsequent to the facts of recognition may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 8 (including each number), and the whole purport of the pleadings:

1) On November 13, 1911, the former land cadastre of the instant land is indicated as being i.e., having an address in J (hereinafter “K”) on November 13, 191, stating that the land cadastre was adjacent to the instant land.