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(영문) 서울중앙지방법원 2019.11.15 2019가단5043524

소유권확인

Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On September 7, 197, E completed the registration of ownership transfer based on sale and purchase of the Eunpyeong-gu Seoul Metropolitan Government F large 297.9 square meters (hereinafter “F land”) and its ground buildings. On April 8, 1989, E completed the registration of ownership transfer based on sale and purchase of G large 232.4 square meters (hereinafter “instant G land”).

The Plaintiffs, on December 15, 2017, donated each of the above lands and buildings from E, completed the registration of ownership transfer as to each of 1/3 shares on the same day, and thereafter, the instant G land was incorporated into F land.

B. The land of Eunpyeong-gu Seoul, Seoul, which is adjacent to the instant F and G land (hereinafter “instant land”) is unregistered and the owner is not registered on the land cadastre. However, according to the certified copy of the register and the land substitution confirmation protocol, the instant land was disposed of on March 1, 1974 by the Eunpyeong-gu Seoul, Seoul (hereinafter “the previous land”) according to the I Land Readjustment Project, and the land of Eunpyeong-gu is indicated as the owner J and K’s domicile, and the land substitution confirmation protocol is indicated as the “L” and the “Seoul City/Gu”K” on the said H land.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, 11 through 14, Eul evidence 1 and 2, the purport of the whole pleadings

2. Since the Defendant’s judgment on the defense prior to the merits is owned by J or his heir, the owner of the previous land. Therefore, the Plaintiffs can obtain registration of preservation of ownership of the instant land by seeking confirmation of ownership against J., and the Defendant did not assert ownership of the instant land, and therefore, the instant lawsuit is asserted that there is no benefit in confirmation.

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, or the State shall register it.