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(영문) 대구지방법원김천지원 2017.10.25 2017가단32585

소유권확인

Text

1. The Defendant is in accordance with each share indicated in the attached Form “Inheritance” with the F 1,177 square meters and G 2,512 square meters of land in Kimcheon-si.

Reasons

1. Facts of recognition;

A. In the H-dong land survey division in Kimcheon-gun, stating that the “I” was the assessment of F 1,177 square meters and G 2,512 square meters (hereinafter collectively referred to as the “instant land”).

B. On March 31, 1952, G field 2,512 square meters for 1,177 square meters in Kimcheon-si, Kimcheon-si, and G field 2,512 square meters respectively, were restored on November 1, 1975, but registration of preservation of ownership has not been completed until now.

C. The owner’s column for the former land cadastre is only indicated as K with the address in J, and the current owner’s column for the land cadastre is also indicated as “K with the address in J,” and there is no resident registration number or date of birth in the former land cadastre or the current land cadastre.

A certified copy of the network L is written by the permanent domicile as "Seoul-do Kimcheon-gun M."

E. The deceased on September 4, 1931, and at the time N (Death, October 5, 1928) of the deceased L, died first, and the next South N (Death, October 5, 1928) inherited the property solely by the next South N (O).

(F) The deceased on December 25, 1973. At the time, the deceased on December 25, 1973, there was Plaintiff A, his wife, Plaintiff C (Marriage of April 17, 1982), Plaintiff D (Marriage of April 16, 1986), and Plaintiff E, who is the Family Head of Family, as the heir of the deceased.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, and 7 (including paper numbers), and the purport of the whole pleading

2. As to the defense of this case

A. The defendant asserts that the plaintiffs have no interest in seeking confirmation of ownership of the land of this case against the defendant.

B. A claim for confirmation of land ownership against the State is not unregistered and is not known to the registrant on the land cadastre or forest land cadastre or forest land cadastre, and there is a benefit in confirmation only when there are special circumstances, such as continuous assertion of state ownership while the State denies the ownership of a third party who is the titleholder of registration or registration.

Supreme Court Decision 195.14