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(영문) 대구지방법원김천지원 2016.11.30 2016가단32885

소유권확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. In the land survey division prepared in 1912 with respect to the land of 169 square meters (hereinafter “instant land”) that is unregistered land, the Gu-si B, Gu-si, the Gu-si, stating that H (H and address: I) was an assessment, and the owner was restored to J on March 31, 1952 on the old land cadastre.

B. The J died on January 25, 1951, and succeeded to the property by the South-North Korean net K.

The deceased on January 9, 1998, and the heir C, D, E, F, and G (hereinafter referred to as “C, etc.”) were the heir.

(However, inheritance shares are shares of 1/5 each).

On the ground of the instant land, there is a single-story house of 40.44 square meters (hereinafter “instant building”), which is an unregistered building, and the network L (hereinafter “the network”) is registered as the owner in the relevant building ledger.

On August 2, 2014, the Deceased died, and as the inheritor of the Deceased, M and N, the wife, had M and N, and on September 8, 2015, the Plaintiff and M and N agreed on the division of inherited property that the Plaintiff independently inherited the instant building and land.

E. On September 9, 2015, the Plaintiff filed a lawsuit against the Defendant at the Daegu District Court Kimcheon Branch for verifying that the instant land was owned by the Plaintiff (No. 2015dan6407), but was dismissed on the ground that there was no benefit of confirmation.

Accordingly, the Plaintiff appealed and added the conjunctive claim that “The instant land is owned by C, etc., the heir of J,” and the appellate court rejected the said conjunctive claim on the ground that “ insofar as H and the said J cannot be deemed the same person, the Plaintiff did not have the right to claim for ownership transfer registration on the instant land against J’s heir C, etc., as long as the Plaintiff cannot be deemed to be the same person as the assessment title of the instant land, and thus, the Plaintiff did not have the right to claim for ownership transfer registration

(Seoul District Court 2016Na300344). The plaintiff appealed, but the court below rejected the appeal.