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(영문) 대구지방법원 2017.09.05 2015가단127954

소유권이전등기

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1. Defendant Republic of Korea shall have each share listed in the separate list of inheritance shares among each land listed in the separate list of real estate.

Reasons

1. Determination on the claim against Defendant Republic of Korea

A. In the land cadastre of each land listed in the list of real estate (hereinafter “instant land”) listed in the separate sheet (A) stating that the instant land was assessed against P (P and Daegu Q) June 29, 191, and the address of P (P and Daegu Q) was changed to R on May 5, 1913.

B) At present, the instant land is currently unregistered. (A) The “Gyeongsan Repair Association” was established on August 25, 1925, and its name was changed to the “Gyeongsan Land Improvement Association” and “Gyeongsan Farmland Improvement Association”, and was merged into the Plaintiff on January 1, 2000. (b) around 1926, the Gyeongsan Repair Association purchased the instant land and transferred it to the base of the “S reservoir” and completed the construction of the reservoir around 1928, by converting the land category of the instant land into the “maintenance” and then converting it into the base of the “S reservoir” on September 26, 193.

After the Sisan Water Cooperative was merged with the Plaintiff, the Plaintiff occupies the instant land as the base of the S reservoir.

【Ground of recognition】 The fact that there is no dispute, Gap's 1 through 6 evidence, Eul's 1 (including each number), the purport of the whole pleadings

B. According to Article 65 of the Registration of Real Estate Act relating to interest in confirmation 1, a person registered as the first owner in the land cadastre, forest land cadastre or building register, his/her heir or other general successor may apply for registration of preservation of ownership of unregistered land, and a person who is unable to produce such certification is entitled to apply for registration of preservation of ownership by proving his/her ownership according to a final judgment.

However, in the case of some omission in the indication of the owner on the land cadastre of unregistered land and the owner on the register cannot be specified, the owner is unable to make the registration of ownership preservation by the ledger, and therefore the State is intended to make the registration of ownership preservation.