이 사건 부동산의 구 임야대장 및 폐쇄임야대장 상 이 사건 부동산은 1917. 11. 30. ‘국(國)’이 사정에 의해 취득하였다가 1928. 3. 19. ‘해은사(海恩寺)’가 소유권을 이전받은 것으로 기재되어 있다.

At present, the owner of the real estate in this case is registered as a “marine History,” and the address is not indicated, and the registration number is registered as “381-0054,” and the registration number is registered as “381-0054.” The Plaintiff is a temple located in Gyeongnam-si, Kim Jong-dong 964 (at the same time, there are major buildings, such as jun, mountain sules, sules, cryp, and cryp bonds on the above lot number). As an association which is not a legal entity, the registration number 38181-0632 for real estate registration was assigned

Although the Plaintiff applied for registration of preservation of ownership in the name of the Plaintiff on the instant real estate, the Changwon District Court Kim Jong-hae registry office dismissed the application for registration on October 7, 2014 on the ground that the identity of the holder of the title on the land cadastre cannot be recognized.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, and 6 evidence (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. The Plaintiff, which caused the Plaintiff’s claim, purchased the instant real estate from the Defendant on March 19, 1928, which was assessed on November 30, 1917 by the Defendant, and acquired it. The instant real estate was unregistered until now, and the Plaintiff filed a claim for confirmation of ownership in order to complete registration of ownership preservation in the name of the Plaintiff.

B. Determination 1) Article 186 of the Civil Act provides that “The acquisition, loss, and transfer of real rights due to a juristic act concerning real estate shall take effect upon the registration of the acquisition, loss, and transfer of real rights” (Article 186 of the Civil Act). Addenda to the Civil Act (amended by Act No. 471 of February 22, 1958; Act No. 1250 of December 31, 1962).