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(영문) 대구지방법원 2016.01.12 2015가단122218

소유권확인

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. With respect to the area of 1937 square meters (hereinafter “land prior to subdivision”) prior to the division, the Daegu District Court’s registration office as the Daegu District Court’s registration office as of September 24, 1964 and as of April 4, 1963, the registration of transfer of ownership was completed as “owner A and Youngcheon-gun C” on the ground that the repayment was completed on September 24, 1964.

B. On December 30, 1970, the land before subdivision was divided into three parcels (hereinafter “instant land”) as shown in the attached list.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 and 2 (including additional number), and the purport of the whole pleadings

2. The Plaintiff’s land before subdivision was originally owned by the Defendant, but the Plaintiff completed repayment on April 4, 1963, and acquired ownership and cultivated until now.

The Plaintiff registered the ownership transfer of the pre-divisiond land as “Ycheon-gun C” residing by the Plaintiff at the time of the registration.

However, there is no recognition of the Plaintiff’s ownership on the land before subdivision and the land of this case due to the reason that the address on the register prior to subdivision does not coincide with that on the Plaintiff’s domicile.

Therefore, the plaintiff has the interest to seek confirmation of ownership of the land of this case against the defendant who is in the position of supervising the state agencies such as the competent registry office in charge of the registration of ownership transfer.

3. Determination as to the benefit of confirmation

(a) Where the registration of transfer of ownership in the land has been completed and where the owner can be identified because there is no omission in the indication of the owner, even if the address of the person claiming to be the owner is inconsistent with that of the owner on the register, an objection or appeal procedure against such disposition shall be filed by attaching documents attesting that the person claiming to be the owner is the same and the registration officer dismisses such application.