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(영문) 서울중앙지방법원 2015.05.08 2014나7543

소유권확인

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1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The cadastral source map of each real estate listed in the separate sheet Nos. 1 and 2 contains the name of the network D (D, hereinafter “the network”) on each parcel number above. The land survey book is not kept.

B. Each real estate listed in the separate sheet Nos. 2 (hereinafter “each of the instant real property”) is located in the king of the Military Demarcation Line. The register and land cadastre were all destroyed due to the incident of 625 incidents, and the land cadastre was restored, but the owner column was not restored.

[Reasons for Recognition] Unsatisfy, Gap evidence 27 to 29

2. The assertion and judgment

A. The Plaintiff’s assertion of each of the instant real estate was owned by the Plaintiff’s prior owner D, and the Plaintiffs succeeded in succession in sequence through the network AL and AM.

Furthermore, since each real estate of this case is unregistered real estate and there is no registered titleholder in its land cadastre, the plaintiffs have a benefit to seek confirmation of ownership against the defendant.

B. Determination 1) If it is acknowledged that a person’s name is written in the cadastral support map, it constitutes a flexible material that makes the person take into account as the owner of the land. However, the owner’s name in the cadastral support map is merely merely an internal material for preparing on-site investigation prepared at the preceding stage of the land investigation register, which is a public book for circumstance, rather than an internal material for preserving the content, and it is merely merely a temporary entry on a yearly basis without any device for preserving the content, even if it is written in accordance with the provisions of the Land Investigation Bureau, and it cannot be presumed that the person as stated therein was the owner of the land (see, e.g., Supreme Court Decision 201Da1548, Jun. 29, 201).