소유권확인
1. The Plaintiff’s ownership of B large-scale 112 square meters is confirmed as the Plaintiff’s ownership.
2. The costs of lawsuit shall be borne by each person;
1. Basic facts
A. On May 15, 1911, C acquired ownership under the assessment of the Daegu-gun, Daegu-gun, a non-registered land (hereinafter “instant land”).
(No address or resident registration number of C on the land ledger appears). (b)
On May 11, 1983, the Plaintiff registered as the owner of the instant land on the ground of change of ownership under the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3562, hereinafter “Special Measures Act”), but did not complete the registration of ownership preservation or the registration of ownership transfer within the period prescribed in the aforesaid Special Measures Act, the instant land is unregistered until now.
【Fact-finding without dispute over the ground for recognition, Gap evidence 1-1 and 2-2, the purport of the whole pleadings
2. Determination on the defense prior to the merits
A. In the Defendant’s defense prior to the merits, C is written in the land cadastre of the instant case as the registrant, and it does not constitute a case where the registrant is either or is unknown, and the State does not assert state ownership while denying the ownership of the registrant. Therefore, there is no benefit in confirmation.
B. A claim for confirmation of land ownership against the State is unregistered, and there is no registered titleholder in the land cadastre or forest land cadastre, or the identity of the registered titleholder is unknown, and there is a benefit of confirmation in special circumstances, such as where the State denies the ownership of a third party who is a registered titleholder, and the State continues to assert state ownership, etc.
(see, e.g., Supreme Court Decision 94Da27649, Sept. 15, 1995). As seen earlier, the instant land is unregistered and the owner of the front line is written in C in the old land cadastre as to the instant land, but it is recognized that there is no specific address or date of birth. However, such entry alone becomes final and conclusive as the registrant.