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(영문) 대구지방법원포항지원 2016.07.12 2015가단302602
소유권확인
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a fishing village fraternity organized with fishermen in North-dong, North-dong, North-dong, and is engaged in fishery activities mainly in the said female-dong.

B. As to the instant land, Defendant Republic of Korea completed the registration of the distribution branch of the Daegu District Court (Seoul District Court) and the registration of the preservation of ownership on June 16, 1994 (No. 35464).

C. The building of this case was built on October 29, 1993 and completed around December 27, 1993 by using the building owner as the site of this case as the port market, and the port market was registered as its owner on April 6, 1994.

Since the construction of the instant building, the Plaintiff has used the said building as a common workplace of the Plaintiff fishing village fraternity.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 1, 1, 1 or 1 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to claims against the Defendants

A. As part of a fishing village fraternity comprehensive development project, Defendant Republic of Korea provided the Plaintiff with a subsidy of KRW 36 million equivalent to 70% of the total expenses by setting the land reclamation cost and the construction cost of the instant building as a subsidy. The Plaintiff directly invested approximately KRW 30% of the remainder of KRW 10.4 million, developed the instant land through reclamation work, and newly constructed the instant building on the said land.

Therefore, the Plaintiff acquired the ownership of the instant land and buildings from the State support project.

After that, while the Plaintiff was unable to complete the registration of ownership transfer with respect to the above building and land due to the Plaintiff’s failure to obtain the unique number of fishing village fraternity, the Defendant Republic of Korea completed the registration of ownership transfer with respect to the instant land on June 16, 1994 without any consultation with the Plaintiff, the actual owner, and the Defendant Port Co., Ltd completed the registration of ownership on April 6, 1994 with respect to the instant building.

Therefore, the plaintiff's ownership is infringed.

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