소유권확인
1. The Defendant confirms that the 413 square meters wide from the Mansan-gu B, Jeonju-si is a C’s ownership.
2. The costs of the lawsuit are assessed against the defendant.
1. Basic facts
A. The land indicated in the Disposition No. 1 (hereinafter “instant land”) is currently unregistered land.
According to the land cadastre of the above land, the above land is written as D's assessment on August 20, 1914.
However, the indication column of the owner of the above land cadastre does not include the address of D in addition to the name of D.
B. A family register with D as the head of family was organized with the same domicile as the land of this case, and according to the above family register copy, the only heir of D is D, the only heir of D, who is the grandchildren of D.
C. On October 20, 1968, when the Plaintiff acquired a house above the instant land through D, E, F, and G (Plaintiff’s parents) in sequential order due to sale, inheritance, etc., and at least seven years from October 20, 1968, when G newly constructed the said house, the acquisition by prescription was completed on the instant land on October 20, 198. On April 20, 2018, the Plaintiff filed a lawsuit claiming ownership transfer registration against C (the Jeonju District Court 2018Gadan8769). On May 1, 2019, the Plaintiff was rendered a favorable judgment by the said court as to the said judgment, and the said judgment became final and conclusive as is.
[Ground for Recognition: Facts without dispute, entry of Gap evidence 1 through 15 (including branch numbers), purport of the whole pleadings]
2. The assertion and judgment
A. Since the land cadastre of this case did not indicate D’s address, registration of ownership preservation cannot be completed in the above land cadastre and its inheritor’s name, the Plaintiff sought confirmation against the Defendant as the claimant for registration of ownership transfer of this case’s land in subrogation of C, who is the heir of D, as the claimant for registration of ownership transfer, by subrogation of C.
B. The claim for confirmation of land ownership against one State continues to be denied by the State when the land is unregistered and the registrant is neither the registrant nor the registrant is identified on the land cadastre or forest land cadastre, and the State denies the ownership of a third party who is the titleholder of the registration or registration.