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(영문) 대구지방법원 서부지원 2018.12.06 2017가단52488

소유권이전등기

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On October 16, 1917, the land cadastre C (C and D) was registered on the land cadastre of the instant land unregistered.

B. The F’s children, whose permanent domicile is located in Daegu-gun E, was the person of F’s child C, and he/she had descendants, such as G, H, I, J, K, and K.

[Ground of recognition] Gap evidence Nos. 1, Eul's statements Nos. 3 through 6, and fact-finding about LMyeon Office

2. A claim for confirmation of land ownership against the State shall be limited to the cases where the land is unregistered and the registrant is unknown in the land cadastre or the forest land cadastre or the forest land cadastre, or where the State denies the ownership of a third party who is the titleholder of the registration and where special circumstances exist, such as continuing to assert the ownership of the State.

(see, e.g., Supreme Court Decision 2016Da219761, Aug. 24, 2016). Examining the foregoing legal doctrine in light of the foregoing, G, H, I, J, and K, etc. are presumed to be descendants of C, a title holder of the land of this case, and the Defendant did not dispute whether the land of this case is owned by C or its heir, and thus, there is no benefit in confirmation.

3. The lawsuit of this case is dismissed as unlawful.